STATE EX REL. LOCKE v. BURKART

No. 59896.

548 S.W.2d 550 (1977)

STATE ex rel. Allen LOCKE, Relator, v. The Honorable Glenn A. BURKART, Judge, Circuit Court, Greene County, Division IV, and his Successors, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 11, 1977.


Attorney(s) appearing for the Case

Theodore A. Strecker, Springfield, for relator.

Ben K. Upp, Springfield, for respondent.


MORGAN, Judge.

Relator, Allen Locke, is charged in the Circuit Court of Greene County with the capital murder of one Ronald Max Ray under the provisions of §§ 559.005 and 559.009, RSMo Supp.1975. His motion to dismiss the information against him, based on the alleged unconstitutionality of said sections, was overruled by the trial court.

Thereafter, this court, upon the petition of relator, issued its provisional rule in prohibition; arguments were...

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