State Ex Rel. Eggers v. Enright

RENDLEN, Judge.

Relator unsuccessfully sought prohibition in the Court of Appeals, Eastern District. He now petitions this Court to prevent respondent, the Honorable Richard Enright, Judge of the 21st Judicial Circuit, from proceeding further in the capital murder prosecution of relator, William Henry Eg-gers. Eggers contends that after a jury determines his case and if a guilty verdict is returned, he should be allowed under § 557.-036.2, RSMo 1978, to change the course of trial by waiving further service of the jury,1 and require the judge alone to hear evidence in the second stage of the…