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STATE v. RATLIFF

No. 47544.

322 S.W.2d 864 (1959)

STATE of Missouri ex rel. Larry M. WOODS, Prosecuting Attorney of Boone County, Missouri, Relator, v. Walter D. RATLIFF, Notary Public within and for the County of Boone, State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

April 13, 1959.

Attorney(s) appearing for the Case

Larry M. Woods, Columbia, for relator.

Scott O. Wright, Columbia, Robert C. Smith, Raymond C. Lewis, Jr., Columbia, for respondent.

PER CURIAM.

In this proceeding relator seeks a preliminary writ of prohibition to prevent respondent Notary Public from swearing and taking the depositions of State's witnesses, after the filing of felony complaints and before the holding of preliminary hearings. We agree with relator that our Rule 25.10, 42 V.A.M.S., permitting depositions "in any criminal case pending in any court" does not authorize the taking of depositions under these circumstances; a criminal...

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