State ex rel. Locke v. Burkart

Supreme Court of Missouri

State ex rel. Locke v. Burkart

548 S.W.2d 550, 1977 Mo. LEXIS 260

CourtSupreme Court of Missouri

DecidedMarch 15, 1977

DocketNo. 59896

StatusPublished

Cited by5 cases

This text of 548 S.W.2d 550 (State ex rel. Locke v. Burkart) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Locke v. Burkart, 548 S.W.2d 550, 1977 Mo. LEXIS 260 (Mo. 1977).

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Opinions

MORGAN, Judge.

Relator, Allen Locke, is charged in the Circuit Court of Greene County with the capital murder of one Ronald Max Ray under the provisions of §§ 559.005 and 559.-009, RSMo Supp.1975. His motion to dismiss the information against him, based on the alleged unconstitutionality of said sections, was overruled by the trial court.

Thereafter, this court, upon the petition of relator, issued its provisional rule in prohibition; arguments were made; and, the cause was submitted.

The court now having concluded that prosecution may be had under § 559.005 with punishment as specified in § 559.011, for the reasons delineated in State of Missouri v. Duren, Mo., 547 S.W.2d 476 (No.59763) handed down this date, our provisional rule herein should be quashed.

It is so ordered.

BARDGETT, HENLEY, FINCH, DON-NELLY and RENDLEN, JJ., concur. SEILER, C. J., concurs in part and dubi-tative in part in separate opinion filed.

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