Missouri Court of Appeals, Eastern District / Feb 27, 2024
State of Missouri, Respondent, v. Clarence Battle, Appellant.
Clarence Battle was convicted of statutory rape and statutory sodomy after a jury trial. He appealed, arguing his convictions violated his double jeopardy rights because the State had dismissed an initial indictment containing identical charges after a second, superseding indictment was filed and a jury was impaneled on the second indictment. The appellate court affirmed the judgment, holding that under § 545.110, RSMo, the first indictment was superseded by the second, making the second the only operative charging document, and Battle was only tried once.