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STATE EX REL. TATE v. TURNER

No. 16805.

789 S.W.2d 240 (1990)

STATE of Missouri ex rel. Souder F. TATE, Prosecuting Attorney of Douglas County, Relator, v. The Honorable Al F. TURNER, Circuit Judge of the 44th Judicial Circuit, and Tommy Roberts, Circuit Clerk of Douglas County, Respondents.

Missouri Court of Appeals, Southern District, Division One.

May 16, 1990.

Attorney(s) appearing for the Case

Souder F. Tate, Pros. Atty. of Douglas County, Ava, for relator.

Michael J. Patton, Turner, Reid, Duncan, Loomer & Patton, P.C., Springfield, for respondents.

PREWITT, Judge.

On January 26, 1990, respondent Al F. Turner as presiding judge of the 44th Judicial Circuit ordered respondent Roberts, the Circuit Clerk of Douglas County and the custodian of the Law Library Fund, to transfer $3,500 from that fund to the General Funds of Douglas County. Relator then filed on February 5, 1990, a petition in prohibition requesting this court to prohibit respondents from transferring the funds.

On February 6, 1990, a preliminary...

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