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STATE EX REL. JOHNSON v. GREEN

No. 54247.

452 S.W.2d 814 (1970)

STATE of Missouri, at the relation of James Leon JOHNSON, Relator, v. Honorable G. Derk GREEN, Judge of the Ninth Judicial Circuit of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

April 24, 1970.

Attorney(s) appearing for the Case

James J. Wheeler, Keytesville, for relator.

Jack Lukehart, Brunswick, for respondent.

CHARLES SHANGLER, Special Judge.

This is an original proceeding in prohibition.

Relator, James Leon Johnson, was charged by information filed in the Magistrate Court of Chariton County with driving a motor vehicle while intoxicated. He pleaded not guilty and the case was set for trial. Prior to trial, relator filed his affidavit for "change of venue" because of the bias and prejudice of the Magistrate. As it did not seek a change in the place of trial, but...

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