STATE v. ALLEN

No. 42820.

250 S.W.2d 348 (1952)

STATE ex rel. KIRKS v. ALLEN, Pros. Atty.

Supreme Court of Missouri, Division No. 1.

July 14, 1952.


Attorney(s) appearing for the Case

H. K. West, Brookfield, for appellants.

J. E. Taylor, Atty. Gen., Gilbert Lamb, Asst. Atty. Gen., for respondent.


LOZIER, Commissioner.

Mandamus. Upon relator's petition, the circuit court issued its alternative writ against respondent Walter Allen, in his official capacity as the duly elected, qualified and acting prosecuting attorney of Linn County. Respondent filed his return. After a trial, the circuit court quashed the alternative writ and refused a peremptory writ. Relator's new trial motion being overruled, relator appealed to this court.

Relator stands separately...

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