STATE v. SMITH

No. 43654.

258 S.W.2d 590 (1953)

STATE ex rel. GRIFFIN, Pros. Atty. of Clinton County, v. SMITH, Judge.

Supreme Court of Missouri, en Banc.

June 8, 1953.


Attorney(s) appearing for the Case

John M. Dalton, Atty. Gen., W. Brady Duncan, Sp. Asst. Atty. Gen., Melvin Griffin, Pros. Atty., Clinton County, Cameron, for plaintiff.

Clay C. Rogers, Lyman Field, Kansas City, John J. Robinson, Maysville, for respondent. David J. Dixon, Kansas City, of counsel.


CONKLING, Chief Justice.

This is an original proceeding in prohibition instituted here by relator, Melvin E. Griffin, who became Prosecuting Attorney of Clinton County, Missouri, on January 1, 1953. The proceeding challenges the jurisdiction of respondent, the Honorable Duval Smith, Special and Acting Judge of the Circuit Court of Andrew County, Missouri, to proceed further in a certain criminal cause now before respondent as such judge in said circuit court. There...

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