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STATE v. HICKEY

No. 57451.

475 S.W.2d 617 (1972)

The STATE of Missouri, on the Information of John C. DANFORTH, Attorney General, at the relation of Donald R. Griffin, et al., Petitioner and Relators, v. Patrick J. HICKEY, Respondent.

Supreme Court of Missouri, En Banc.

January 27, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., and Richard M. Marshall, Clayton, for relators.

Joseph L. Walsh, St. Louis, Eugene P. Walsh, Clayton, for respondent.

FINCH, Chief Justice.

This is an original proceeding in quo warranto the object of which is to oust respondent as a member of the House of Representatives on the theory that by removing his residence from the district from which he was elected (which relators allege respondent has done) he has vacated his office under the provisions of Article III, § 13 of the Constitution of Missouri.1 That section provides as follows: "If any senator...

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