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STATE EX REL. EGGERS v. ENRIGHT

No. 61964.

609 S.W.2d 381 (1980)

STATE of Missouri ex rel. William Henry EGGERS, Relator, v. The Honorable Richard ENRIGHT, Judge of the Circuit Court of St. Louis County, Missouri, Division No. 3, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 13, 1981.

Attorney(s) appearing for the Case

Timothy M. Gardner, Public Defender, Clayton, for relator.

Richard A. Barry, Asst. Pros. Atty., Clayton, for respondent.

RENDLEN, Judge.

Relator unsuccessfully sought prohibition in the Court of Appeals, Eastern District. He now petitions this Court to prevent respondent, the Honorable Richard Enright, Judge of the 21st Judicial Circuit, from proceeding further in the capital murder prosecution of relator, William Henry Eggers. Eggers contends that after a jury determines his case and if a guilty verdict is returned, he should be allowed under § 557.036.2, RSMo 1978, to change...

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