STATE v. JOHNSON

No. 67093.

702 S.W.2d 65 (1985)

STATE of Missouri, Respondent, v. Samuel S. JOHNSON, Appellant.

Supreme Court of Missouri, En Banc.

December 17, 1985.


Attorney(s) appearing for the Case

Sean D. O'Brien, Asst. Public Defender, Kansas City, for appellant.

Honorable William L. Webster, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.


BILLINGS, Judge.

Defendant Samuel S. Johnson was convicted of forcible rape in violation of § 566.030, RSMo Supp.1983 and was sentenced as a persistent offender to life imprisonment without possibility of parole for 30 years. We granted transfer of the case from the court of appeals to consider defendant's contention that the entire prosecuting attorney's office was disqualified from prosecuting him because a nonparticipating assistant prosecutor was a witness...

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