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STATE v. BRADY

No. 45974.

303 S.W.2d 22 (1957)

STATE of Missouri, at the Relation of C. Frank REEVES, Prosecuting Attorney of Mississippi County, Missouri, Relator, v. Honorable Robert G. BRADY (Successor to Honorable F. L. Jackson), Judge of the Cape Girardeau Court of Common Pleas, Respondent.

Supreme Court of Missouri. En Banc.

June 10, 1957.

Attorney(s) appearing for the Case

C. Frank Reeves, Pros. Atty., Mississippi County, Charleston, John M. Dalton, Atty. Gen., Robert R. Welborn, Asst. Atty. Gen., for relator.

Robert A. Dempster, Sikeston, William H. Becker, Columbia, for respondent.

HYDE, Judge.

Prohibition to prohibit the Judge of the Cape Girardeau Court of Common Pleas from proceeding in a case for declaratory judgment to determine the right of the plaintiffs therein to sell nonintoxicating 3.2% beer on Sunday, in Mississippi County, and to enjoin the Prosecuting Attorney and Sheriff of Mississippi County from enforcing Sec. 563.720 (statutory references are to RSMo and V.A.M.S.) to prevent the sale of such beer on Sunday.

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