State Ex Rel. Browning v. Kelly

Prohibition. Relators, J. P. Morgan and Emma Burnett, were charged by information in the Circuit Court of Mississippi County with having aided and abetted in the commission of the felony of abortion. On their application a change of venue was granted to Cape Girardeau County in the same judicial circuit. After the transfer of the cause they filed their affidavit, with supporting affidavits as required by the statute, that respondent as judge of the Circuit Court of Cape Girardeau County would not afford them a fair trial. Thereupon respondent as such judge set the case down for trial on…