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STATE EX REL. DALLY v. ELLISTON

No. 73561.

811 S.W.2d 371 (1991)

STATE ex rel. David C. DALLY, Prosecuting Attorney, Jasper County, Relator, v. Honorable L. Thomas ELLISTON, Judge, Circuit Court, Jasper County, Respondent.

Supreme Court of Missouri, En Banc.

June 11, 1991.

Attorney(s) appearing for the Case

Douglas K. Crandall, Asst. Pros. Atty., Jasper County, Carthage, for relator.

Randall J. Schlegel, Asst. Public Defender, Kansas City, for respondent.

ROBERTSON, Judge.

Relator David C. Dally, the Prosecuting Attorney of Jasper County (the State), filed this original action in prohibition seeking to prevent respondent, the Honorable L. Thomas Elliston, Judge of the Circuit Court of Jasper County, from entering an order striking the State's allegations of aggravating circumstances in a first degree murder case filed pursuant to Sections 565.005 and 565.032.2(7), RSMo 1986. As this Court has exclusive appellate jurisdiction...

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