STATE v. MUELLER

No. 31924.

388 S.W.2d 53 (1965)

STATE of Missouri upon the information of Daniel P. REARDON, Jr., Circuit Attorney of the City of St. Louis, (Plaintiff) Respondent, v. A. Barney MUELLER, (Defendant) Appellant.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing and Transfer Denied February 12, 1965.

Application to Transfer Denied April 12, 1965.


Attorney(s) appearing for the Case

Thompson, Walther & Shewmaker, Richard D. Shewmaker, John Gianoulakis, St. Louis, for appellant.

Daniel P. Reardon, Jr., Circuit Atty., Michael M. Flavin, Asst. Circuit Atty., for respondent.


Motion for Rehearing and Transfer to Supreme Court Denied February 12, 1965.

L. F. COTTEY, Special Judge.

The State of Missouri challenges the right of A. Barney Mueller to hold the office of Alderman of the Twenty-First Ward in the City of St. Louis, to which he was elected for a third consecutive term in 1961. The action is based on Article IV, Section 2, of the City Charter, reading in pertinent part as follows:

"No person shall become an Alderman...

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