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STATE EX REL. McNARY v. JONES

No. 34249.

472 S.W.2d 637 (1971)

STATE of Missouri ex rel. The Honorable Gene McNARY, Prosecuting Attorney, St. Louis County, Missouri, Relator, v. The Honorable Douglas L. C. JONES, Judge, Division Five, Twenty-first Judicial Circuit Court, St. Louis County, Missouri, Respondent.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied October 6, 1971.

Application to Transfer Denied December 13, 1971.

Attorney(s) appearing for the Case

Gene McNary, Pros. Atty., Donald J. Weyerich, First Asst. Pros. Atty., Michael Turken, George Westfall, Asst. Pros. Attys., Clayton, for relator.

Heneghan, Roberts & Godfrey by Carl R. Gaertner, St. Louis, for respondent.

Charles Blackmar, Harold C. Gaebe, Jr., St. Louis, for Metropolitan Bar Ass'n of St. Louis, amicus curiae.

Lashly, Caruthers, Rava, Hyndman & Rutherford by Albert J. Stephan, Jr., St. Louis, for 21st Judicial Circuit Court en Banc, amicus curiae.

Motion for Rehearing or to Transfer to Supreme Court Denied October 6, 1971.

PER CURIAM:

Original proceeding in prohibition by the relator Prosecuting Attorney to bar the respondent Circuit Judge from proceeding in a criminal case after the Prosecuting Attorney under Rule 30.121 had filed in three days the ninth consecutive affidavit to disqualify the Judge.

As far as material here Rule 30.12 states: "The judge shall be...

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