BUTLER v. STATE

No. 45131.

639 S.W.2d 181 (1982)

Samuel Lee BUTLER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 17, 1982.

Application to Transfer Denied October 18, 1982.


Attorney(s) appearing for the Case

James C. Jones, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


CLEMENS, Senior Judge.

The sole issue here is the denial of movant-defendant's Rule 27.26 motion. It challenges the trial judge's refusal to disqualify himself.

The issue focuses on which of two disqualifying methods—statute or court rule— was in effect on the date of trial, January 5, 1981.

By his motion defendant swore Judge Charles Kitchen was prejudiced. The judge denied it on the ground...

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