STATE EX REL. RYAN v. HOLT

No. 35107.

499 S.W.2d 821 (1973)

STATE of Missouri ex rel. Brendan RYAN, Circuit Attorney for the City of St. Louis, State of Missouri, Relator, v. Honorable Ivan Lee HOLT, Jr., Judge of the Circuit Court of the City of St. Louis, State of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

September 11, 1973.


Attorney(s) appearing for the Case

Brendan Ryan, Circuit Atty., Richard Heidenry, Asst. Atty. Gen., St. Louis, for relator.

Kent E. Karohl, Kirkwood, Thomas P. Howe, Clayton, for respondent.


CLEMENS, Judge.

Original proceeding in mandamus. We issued our alternative writ commanding respondent judge to render a judgment in accordance with the jury's guilty verdict and impose punishment. This, despite respondent's previous order setting aside the guilty verdict and retroactively entering a judgment of acquittal. We were then persuaded the Rules of Criminal Procedure controlled and did not empower a trial court to retroactively grant a motion for acquittal...

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