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STATE v. CRAIN

No. 44083.

266 S.W.2d 711 (1954)

STATE ex rel. Basil SPURLOCK, relator, v. Joe C. CRAIN, Judge of the Circuit Court of Douglas County, Missouri, and of the Thirty-First Judicial Circuit of Missouri, respondent.

Supreme Court of Missouri, En Banc.

April 12, 1954.

Attorney(s) appearing for the Case

J. Bernie Lewis, Ava, R. Jasper Smith, Keith V. Williams, Springfield, William H. Becker, Columbia, for relator.

James E. Curry, John M. Bragg, Ava, for respondent.

DALTON, Judge.

This is an original proceeding in this court for mandamus. It is a companion case with State ex rel. Floyd v. Philpot, Mo.Sup., 266 S.W.2d 704 hereinafter referred to. Alternative writs in the two cases were issued on the same date and, since it was apparent that the cases were intended to present the same issue, they were consolidated and argued together. In this particular proceeding relator sought to require the...

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