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STATE EX REL. WESTFALL v. MASON

No. 61499.

594 S.W.2d 908 (1980)

STATE ex rel. George R. WESTFALL, Relator, v. Hon. Donald L. MASON, Judge, 16th Judicial Circuit, Respondent.

Supreme Court of Missouri, En Banc.

As Modified On Denial of Rehearing March 11, 1980.

Attorney(s) appearing for the Case

James J. Cook, Asst. Pros. Atty., for relator.

Richard H. Sindel, St. Louis, Gail Gaus, Clayton, for respondent.

RENDLEN, Judge.

I

Prohibition, to prevent respondent, the Honorable Donald L. Mason1 Judge of the Sixteenth Judicial Circuit, from proceeding in the retrial of Robert Bullington for capital murder (the indictment charged numerous offenses) without allowing the prosecution to seek imposition of the death penalty.

Prior to trial in 1978 the State under § 565.006(2), RSMo 1978,2 filed a...

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