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STATE EX REL. HUTSON v. McHANEY

No. 12589.

629 S.W.2d 645 (1982)

STATE of Missouri ex rel. James Darwin HUTSON, Plaintiff, v. The Honorable Flake L. McHANEY, Circuit Judge, Thirty-fifth Judicial Circuit, Defendant.

Missouri Court of Appeals, Southern District, Division Three.

February 23, 1982.

Attorney(s) appearing for the Case

C. H. Parsons, Jr., Parsons, Mitchell & Wilson, P. C., Dexter, for plaintiff.

James E. McGhee, Bloomfield, for defendant.

MAUS, Chief Judge.

By his petition the plaintiff Hutson seeks to prohibit the defendant, Honorable Flake L. McHaney, from sustaining the motion of the State of Missouri for a change of judge in a criminal case pending before the defendant. The petition and answer thereto have raised only an issue of law and the case has been submitted upon the pleadings for a determination of that issue.

The pleadings present the following factual background. Hutson was charged...

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