State ex rel. Hutson v. McHaney

MAUS, Chief Judge.

By his petition the plaintiff Hutson seeks to prohibit the defendant, Honorable Flake L. McHaney, from sustaining the motion of the State of Missouri for a change of judge in a criminal case pending before the defendant. The petition and answer thereto have raised only an issue of law and the case has been submitted upon the pleadings for a determination of that issue.

The pleadings present the following factual background. Hutson was charged with capital murder in the Circuit Court of Stod-dard County. On August 5,1981, upon the application of Hutson, the case was…