State ex rel. Hines v. Cottey

This original proceeding in prohibition seeks to prevent respondent judge from rendering formal judgment and imposing sentence against relator in a misdemeanor case in accordance with the guilty verdict and punishment returned and assessed by the jury before whom relator was tried.

Relator contends the preliminary rule in prohibition issued by this court should be made absolute as respondent judge is divested of jurisdiction to render formal judgment and impose sentence by reason of non-compliance with Rule 27.07(a). Said rule, so far as here pertinent, reads as follows: “If the defendant is…