STATE v. COOK

No. KCD 26433.

495 S.W.2d 127 (1973)

STATE of Missouri, at the Relation of D___ V ___, Relator, v. Honorable Phil H. COOK, Special Judge of the Fourteenth Judicial Circuit of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

May 7, 1973.


Attorney(s) appearing for the Case

James J. Wheeler, Keytesville, for relator.

Karl L. Madden, John L. Port, Moberly, for respondent.

Before DIXON, C. J., and SHANGLER, PRITCHARD, SWOFFORD, WASSERSTROM and SOMERVILLE, JJ.


ORIGINAL PROCEEDING IN PROHIBITION

SOMERVILLE, Judge.

This is an original proceeding in prohibition wherein relator seeks to prohibit respondent from exercising jurisdiction in a felony criminal charge of attempted rape (Section 556.150(1) V.A.M.S.). A preliminary rule was issued and the matter now comes up for decision as to whether the rule should be made absolute.

At the time of the alleged offense, relator was a "child" under the age of seventeen...

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