STATE EX REL. NORWOOD v. DRUMM

No. 66123.

691 S.W.2d 238 (1985)

STATE of Missouri ex rel. Albert Earl NORWOOD, Relator, v. The Honorable Bernhardt C. DRUMM, Jr., Judge, Division Four of the Twenty-First Judicial Circuit, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 25, 1985.


Attorney(s) appearing for the Case

Mary Dames, Asst. Public Defender, Clayton, for relator.

John Ashcroft, Atty. Gen., Carrie Francke, Asst. Atty. Gen., Jefferson City, for respondent.


HIGGINS, Judge.

Relator Albert E. Norwood was the defendant in a criminal cause tried before respondent Judge Drumm, Jr. The jury found defendant guilty of second degree murder, a felony murder based on the underlying felony of possession of a controlled substance. After verdict at a hearing on defendant's motion for new trial, the assistant prosecuting attorney requested leave to file a memo of nolle prosequi as to the murder charge. Respondent refused to accept...

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