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STATE EX REL. WESTFALL v. RUDDY

No. 61958.

621 S.W.2d 42 (1981)

STATE of Missouri ex rel. George R. "Buzz" WESTFALL, Prosecuting Attorney of St. Louis County, Missouri, Relator, v. The Honorable James RUDDY, Judge, Twenty-First Judicial Circuit, St. Louis County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 8, 1981.

Attorney(s) appearing for the Case

Ann Fran Carpini, Asst. Pros. Atty., Clayton, for relator.

Robert Cosentino, Asst. Public Defender, Clayton, for respondent.

John Ashcroft, Atty. Gen., Steven W. Garrett, Asst. Atty. Gen., Jefferson City, amicus curiae.

BARDGETT, Judge.

Prohibition.

Relator, prosecuting attorney of St. Louis County, filed a two-count information charging Randy Elva Keyes in count one with robbery second degree (§ 569.030) and in count two with armed criminal action (§ 571.015), in that Keyes and another used a gun to commit the robbery alleged in count one. The offenses were committed on June 25, 1979, all as one transaction or occurrence. The information was amended to also charge...

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