Missouri Court of Appeals, Western District / Dec 8, 2020
State of Missouri vs. Dorsey Jacob Basnight
The State of Missouri appealed a conviction for fourth-degree assault against Dorsey Jacob Basnight, arguing the trial court erred by entering judgment on inconsistent jury verdicts where the jury returned both guilty and not guilty for the same count. The trial court had accepted the verdicts and discharged the jury before the State objected. The appellate court dismissed the appeal, holding that it was barred by section 547.200.2 because double jeopardy attached when the jury was impaneled and sworn and the trial court accepted the verdicts, thus precluding a retrial.