State ex rel. Stanley v. Davis

I

This is an original proceeding in prohibition against respondent, Judge, seeking to prohibit him from proceeding further in a criminal cause wherein relator, Stanley, is charged with the offense of assaulting a police officer, § 557.215, RSMo., and in effect ordering respondent to dismiss an information pending against relator charging that offense. We have jurisdiction. Article V, Section 4, Mo.Const. For reasons hereinafter stated, we conclude that our preliminary writ heretofore issued was improvidently granted and it is therefore quashed.

This case is one of first impression in this…