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STATE EX REL. BROOKS v. BONE

No. 56123.

473 S.W.2d 681 (1971)

STATE ex rel. Forrest BROOKS, Jr., Relator-Appellant, v. Joseph M. BONE, Magistrate Judge, Respondent.

Supreme Court of Missouri, Division No. 1.

December 13, 1971.

Attorney(s) appearing for the Case

Harry T. Limerick, Jr., Columbia, for appellant.

Thomas I. Osborne, Prosecuting Atty., Mexico, for respondent.

BARDGETT, Judge.

This mandamus action was instituted by relator-appellant Brooks in the Circuit Court of Audrain County to obtain an order compelling respondent magistrate court judge to grant Brooks a preliminary hearing on a complaint filed before respondent on June 25, 1963, or to dismiss the complaint.

The circuit court issued its alternative writ directed to respondent to show cause why a preliminary writ should not issue. A return was filed and thereafter...

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