State ex rel. Woods v. Ratliff

In this proceeding relator seeks a preliminary writ of prohibition to prevent respondent Notary Public from swearing and taking the depositions of State’s witnesses, after the filing of felony complaints and before the holding of preliminary hearings. We agree with relator that our Rule 25.10, 42 V.A.M.S., permitting depositions “in any criminal case pending in any court” does not authorize the taking of depositions under these circumstances; a criminal case is not instituted or pending until an information is filed or an indictment returned. State v. Bithorn, Mo., 278 S.W. 685; State v.…