reglab/housing_qa huggingface dataset:
MO Rev Stat § 545.890 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.890 - Defendant imprisoned — discharge if not tried before end of second term.

Effective - 28 Aug 1939   545.890. Defendant imprisoned — discharge if not tried before end of second term. — If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to the offense for which he was committed, unless the delay shall happen on the application of the prisoner, or shall be occasioned by the want of time to try the cause at such second term. ­­-------- (RSMo 1939 § 4085)  Prior revisions: 1929 § 3696; 1919 § 4040; 1909 § 5246  CROSS REFERENCE:  Imprisonment on extradition warrant, limits, 548.171  (1966) What constitutes laches within meaning of this section as failure of state to justly afford the accused such a speedy hearing and determination of the charge against him as is accorded by the constitution. State v. Amerison (Mo.), 399 S.W.2d 53. (1969) This section relates to persons indicted or informed against, and not to persons as to whom a complaint only has been filed. State v. Caffey (Mo.), 438 S.W.2d 167. (1972) Where statute requires discharge of a person indicted and committed to prison if he is not brought to trial within two terms after indictment is filed, the term at which information was filed is not included in the computation. State v. Roach (Mo.), 480 S.W.2d 841.
MO Rev Stat § 545.900 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.900 - Defendant on bail — discharged if not tried before end of third term.

Effective - 28 Aug 1939   545.900. Defendant on bail — discharged if not tried before end of third term. — If any person indicted for any offense, and held to answer on bail, shall not be brought to trial before the end of the third term of the court in which the cause is pending which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to such offense, unless the delay happened on his application, or be occasioned by the want of time to try such cause at such third term. ­­-------- (RSMo 1939 § 4086)  Prior revisions: 1929 § 3697; 1919 § 4041; 1909 § 5247  (1953) The right to a discharge under §§ 545.890 to 545.920 does not involve a jurisdictional question and may be waived. If asserted it is a matter for hearing and disposition in the trial court in the nature of an interlocutory proceeding. Such right cannot be asserted in habeas corpus proceeding. Osborne v. Owsley, 364 Mo. 544, 259 S.W.2d 129. (1967) Where a continuance is granted upon the defendant's application, or because of some other action on his part, or upon the order of the court, not requested by the state, it is not a ground for discharge under the statute. Where a case is not tried at one or more terms, and the record is completely silent as to the reason why it was not tried, it is presumed, in the absence of proof to the contrary, that the failure of the state to try the case during such term or terms was not due to laches on the part of the state. State v. Barlish (A.), 421 S.W.2d 558.  (1968) This section does not apply if trial is delayed through no fault of the state. State v. Mace (Mo.), 427 S.W.2d 507.
MO Rev Stat § 545.910 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.910 - When state not entitled to further continuance.

Effective - 28 Aug 1939   545.910. When state not entitled to further continuance. — If, when application is made for the discharge of a defendant under either section 545.890 or 545.900, the court shall be satisfied there is material evidence on the part of the state which cannot then be had, that reasonable exertions have been made to procure the same, and that there is just ground to believe that such evidence can be had at the succeeding term, the cause may be continued to the next term, and the prisoner remanded or admitted to bail, as the case may require. If the defendant shall not be tried before the end of the term last mentioned, the state shall not be entitled to any further continuance of the case, and the prisoner shall, if he require it, be discharged. ­­-------- (RSMo 1939 § 4087)  Prior revisions: 1929 § 3698; 1919 § 4042; 1909 § 5248  (1976) Held, defendant must have demanded trial in order to be entitled to discharge under this section or §§ 545.900 and 545.920. State v. Cook (A.), 530 S.W.2d 38.
MO Rev Stat § 545.930 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.930 - Endorsement or signature of pleadings in criminal cases.

Effective - 28 Aug 1997   545.930. Endorsement or signature of pleadings in criminal cases. — Pleadings in criminal cases shall be attributed to a party or attorney or signed in the manner provided by supreme court rule. Any statutory requirement that pleadings be signed by any person shall be satisfied by compliance with such rules. ­­-------- (L. 1997 S.B. 248)
MO Rev Stat § 545.940 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.940 - Defendant may be tested for various serious infectious or communicable diseases, when.

Effective - 28 Aug 2021, 2 histories   545.940. Defendant may be tested for various serious infectious or communicable diseases, when. — 1. Pursuant to a motion filed by the prosecuting attorney or circuit attorney with notice given to the defense attorney and for good cause shown, in any criminal case in which a defendant has been charged by the prosecuting attorney's office or circuit attorney's office with any offense under chapter 566 or section 565.050, assault in the first degree; section 565.052 or 565.060*, assault in the second degree; section 565.054 or 565.070**, assault in the third degree; section 565.056, assault in the fourth degree; section 565.072, domestic assault in the first degree; section 565.073, domestic assault in the second degree; section 565.074, domestic assault in the third degree; section 565.075***, assault while on school property; section 565.076, domestic assault in the fourth degree; section 565.081***, 565.082***, or 565.083***, assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer in the first, second, or third degree; section 567.020, prostitution; section 568.045, endangering the welfare of a child in the first degree; section 568.050, endangering the welfare of a child in the second degree; section 568.060, abuse of a child; section 575.150, resisting or interfering with an arrest; or subdivision (2) or (3) of subsection 2 of section 191.677, knowingly or recklessly exposing a person to a serious infectious or communicable disease, the court may order that the defendant be conveyed to a state-, city-, or county-operated HIV clinic for testing for HIV, hepatitis B, hepatitis C, syphilis, gonorrhea, and chlamydia. The results of such tests shall be released to the victim and his or her parent or legal guardian if the victim is a minor. The results of such tests shall also be released to the prosecuting attorney or circuit attorney and the defendant's attorney. The state's motion to obtain said testing, the court's order of the same, and the test results shall be sealed in the court file.  2. As used in this section, "HIV" means the human immunodeficiency virus that causes acquired immunodeficiency syndrome. ­­-------- (L. 2002 H.B. 1756, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2021 S.B. 53 & 60) Transferred 2014; formerly 566.135; Effective 1-01-17  *Section 565.060 was transferred in 2014; now 565.052, effective 1-01-17. **Section 565.070 was transferred in 2014; now 565.054, effective 1-01-17. ***Sections 565.075, 565.081, 565.082, and 565.083 were repealed by S.B. 491, 2014, effective 1-01-17.
MO Rev Stat § 545.950 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.950 - Child victim of sexual offense, video and aural recordings and photographs, defendant not to copy or distribute without court order.

Effective - 28 Aug 2016   545.950. Child victim of sexual offense, video and aural recordings and photographs, defendant not to copy or distribute without court order. — 1. Except as provided by subsection 2 of this section, the defendant, the defendant's attorney, or an investigator, expert, consulting legal counsel, or other agent of the defendant's attorney shall not copy or distribute to a third party any visual or aural recordings or photographs of a minor who is alleged to be the victim of an offense under chapter 566 created by or in the possession of a child assessment center, health care provider, or multidisciplinary team member unless a court orders the copying or distribution upon a showing of good cause after notice and a hearing and after considering the safety and privacy interests of any victim.  2. The defendant's attorney or an investigator, expert, consulting legal counsel, or agent for the defendant's attorney may allow a defendant, witness, or prospective witness to view the information provided under this section, but shall not allow such person to have copies of the information provided.  3. If a court orders the copying or distribution of visual or aural recordings or photographs as described in subsection 1 of this section, the order shall:  (1) Be limited solely to the use of the recordings or photographs for the purposes of a pending court proceeding or in preparation for a pending court proceeding;  (2) Prohibit further copying, reproduction, or distribution of the recordings or photographs; and  (3) Require, upon the final disposition of the case, the return of all copies to the health care provider, child assessment center, or multidisciplinary team member that originally had possession of the recordings or photographs, or provide an affidavit to the health care provider, child assessment center, or multidisciplinary team member that originally had possession of the recordings or photographs certifying that all copies have been destroyed. ­­-------- (L. 2016 H.B. 1562)
MO Rev Stat § 546.010 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.010 - Proceedings upon information, how conducted.

Effective - 28 Aug 1939   546.010. Proceedings upon information, how conducted. — The trial and all proceedings upon any information filed in a court of record shall be governed by the law and practice applicable to trials upon indictments in said court. ­­-------- (RSMo 1939 § 3899)  Prior revisions: 1929 § 3509, 1919 § 3854; 1909 § 5062
MO Rev Stat § 546.020 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.020 - Plea of not guilty, not formally tendered.

Effective - 28 Aug 1939   546.020. Plea of not guilty, not formally tendered. — When a person shall be arraigned upon any indictment or information, it shall not be necessary to ask him how he will be tried; and if he deny the charge in any form, or require a trial, or if he refuse to plead or answer and in all cases when he does not confess the charge to be true, a plea of not guilty shall be entered, and the same proceedings shall be had, in all respects, as if he had formally pleaded not guilty to such indictment or information; provided, however, that no judgment rendered in any criminal case shall be reversed, set aside or for naught held for the reason that the record does not show that the defendant was arraigned and a plea of not guilty entered, where a trial was had in all respects as though the defendant had been arraigned and had formally tendered the general issue under a plea of not guilty. ­­-------- (RSMo 1939 § 4004)  Prior revisions: 1929 § 3615; 1919 § 3958; 1909 § 5165  (1951) Where jury was present when information was read and was permitted to hear defendant's refusal to plead thereto but where court gave instruction that information "is a mere formal statement ... and is no evidence whatever of his guilt" there was no prejudicial error. State v. Lamb (Mo.), 239 S.W.2d 496.
MO Rev Stat § 546.030 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.030 - Prisoner must be present in court, when.

Effective - 28 Aug 1939   546.030. Prisoner must be present in court, when. — No person indicted for a felony can be tried unless he be personally present, during the trial; nor can any person be tried or be allowed to enter a plea of guilty in any other case unless he be personally present, or the court and prosecuting attorney shall consent to such trial or plea in the absence of the defendant; and every person shall be admitted to make any lawful proof by competent witnesses or other testimony in his defense; provided, that in all cases the verdict of the jury may be received by the court and entered upon the records thereof in the absence of the defendant, when such absence on his part is willful or voluntary, and when so received and entered shall have the same force and effect as if received and entered in the presence of such defendant; and provided further, that when the record in the appellate court shows that the defendant was present at the commencement or any other stage of the trial, it shall be presumed, in the absence of all evidence in the record to the contrary, that he was present during the whole trial. ­­-------- (RSMo 1939 § 4054)  Prior revisions: 1929 § 3665; 1919 § 4008; 1909 § 5214  (1956) Where defendant charged with first degree murder was at liberty on bond and jury was discharged on its failure to reach verdict during his voluntary, although inadvertent absence from courtroom, his retrial did not constitute double jeopardy. State v. McCrary, 365 Mo. 799, 287 S.W.2d 785. (1959) Absence of defendant's counsel from courtroom at time verdict was returned violated no constitutional right of defendant. State v. Smith (Mo.), 324 S.W.2d 707. (1961) Defendant was not deprived of constitutional right to appear and defend in person where he was represented by competent counsel throughout all stages of trial and was personally present at all times except when voluntarily absent for short time during proceedings in chambers when record of prior convictions was presented to judge under second offender law. State v. Colbert (Mo.), 344 S.W.2d 115.  (1967) Accused's presence is not necessary during proceedings which are not part of the trial, such as preliminary or formal proceedings or motions which do not affect his guilt or innocence. State v. Durham (MO.), 416 S.W.2d 79. (1968) Where transcript on appeal did not affirmatively show defendant who was charged with a misdemeanor present at trial and no request for trial in his absence appeared in record, conviction could not stand. State v. Cook (MO.), 432 S.W.2d 345. (1976) Right to appear and defend in criminal prosecutions is a broader right than the statutory right to be personally present at the trial. A defendant may waive these rights and his counsel acting unilaterally may waive defendant's right to be present at a pretrial motion to suppress an oral confession. State v. Sanders (A.), 539 S.W.2d 458.
MO Rev Stat § 546.040 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.040 - Issues of fact to be tried by jury.

Effective - 28 Aug 1939   546.040. Issues of fact to be tried by jury. — All issues of fact in any criminal cause shall be tried by a jury, to be selected, summoned and returned in a manner prescribed by law. ­­-------- (RSMo 1939 § 4051)  Prior revisions: 1929 § 3662; 1919 § 4005; 1909 § 5212  CROSS REFERENCE:  Defendant may waive trial by jury, when, Const. Art. I § 22(a)
MO Rev Stat § 546.050 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.050 - Misdemeanors may be tried by court.

Effective - 28 Aug 1939   546.050. Misdemeanors may be tried by court. — But the defendant and prosecuting attorney, with the assent of the court, may submit the trial of misdemeanors to the court, whose finding in all such offenses shall have the force and effect of the verdict of a jury. ­­-------- (RSMo 1939 § 4052)  Prior revisions: 1929 § 3663; 1919 § 4006; 1909 § 5213  (1953) On appeal, in misdemeanor trial where jury was waived, the finding of the court on the merits must be allowed to stand if supported by substantial evidence. State v. Sargent, 241 A. 1085, 256 S.W.2d 265. (1953) In usury prosecution, where jury is waived and requested declarations of law state correct principles and there is substantial evidence on which to base them, and they are seasonably offered, it is error to refuse to give them. State v. Sargent, 241 A. 1085, 256 S.W.2d 265. (1962) Where defendant in a misdemeanor case is present and represented by counsel, and there is no request for a jury, his consent to be tried by the court is presumed. State v. Belleville (A.), 362 S.W.2d 77.
MO Rev Stat § 546.060 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.060 - Practice in civil case to apply, when.

Effective - 28 Aug 1939   546.060. Practice in civil case to apply, when. — The proceedings prescribed by law in civil cases, in respect to the impaneling of jurors, the keeping them together, and the manner of rendering their verdict, shall be had upon trials on indictments and prosecutions for criminal offenses, except in cases otherwise provided by statute. ­­-------- (RSMo 1939 § 4068)  Prior revisions: 1929 § 3679; 1919 § 4023; 1909 § 5229
MO Rev Stat § 546.080 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.080 - Variance between charge and proof.

Effective - 28 Aug 1939   546.080. Variance between charge and proof. — Whenever on the trial of any felony or misdemeanor, there shall appear to be any variance between the statement in the indictment or information and the evidence offered in proof thereof, in the Christian name or surname, or both the Christian name and surname, or other description whatsoever, or any person whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, such variance shall not be deemed grounds for an acquittal of the defendant, unless the court before which the trial shall be had shall find that such variance is material to the merits of the case and prejudicial to the defense of the defendant. ­­-------- (RSMo 1939 § 3951)  Prior revisions: 1929 § 3562; 1919 § 3907; 1909 § 5114  (1964) Court did not err in permitting substitution of information for indictment at close of evidence and before submission of case to jury where the only difference was that information stated both the name and alias of person to whom defendant sold marijuana and indictment stated only the alias since defendant had known for over a month the true name of the person named in indictment. State v. Whittington (Mo.), 379 S.W.2d 518.
MO Rev Stat § 546.090 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.090 - Court may amend record, when — clerk to certify corrections.

Effective - 28 Aug 1939   546.090. Court may amend record, when — clerk to certify corrections. — Upon the trial of any indictment or information the court may at any stage of the proceeding, in furtherance of justice, amend or supply any pleading, writ, process, entry, return or other proceedings; and the court in which the indictment was found, or the information filed, or in which the trial is had, may at any time before final disposition of the cause, either in such court or the court to which the same may have been appealed, and, whether at the same or different term of court, amend or supply any record in accordance with the fact. If the same be pending on appeal at the time any such record is amended or supplied, the part thereof so amended or supplied shall be immediately certified to the appellate court by the clerk of such trial court. ­­-------- (RSMo 1939 § 3954)  Prior revision: 1929 § 3565  (1953) Reference in argument by state's attorney to defendant as "spook" and "burglar" held not error where court admonished jury that there was no justification for the statement and directed that it be stricken and disregarded entirely. State v. Rousslang (Mo.), 258 S.W.2d 627.
MO Rev Stat § 546.095 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.095 - Offense not cognizable before associate circuit judge — procedure.

Effective - 02 Jan 1979   546.095. Offense not cognizable before associate circuit judge — procedure. — If, in the progress of any trial before an associate circuit judge, it shall appear that the accused ought to be put upon his trial for an offense not cognizable before an associate circuit judge, the judge shall immediately stop all further proceedings before him, and shall transfer the case to a circuit judge. ­­-------- (L. 1978 H.B. 1634)  Effective 1-02-79
MO Rev Stat § 546.250 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 546 - Trials, Judgments and Executions in Criminal Cases|Section 546.250 - Person injured may testify.

Effective - 28 Aug 1939   546.250. Person injured may testify. — No person shall be rendered incompetent to testify in criminal causes by reason of his being the person injured or defrauded, or intended to be injured or defrauded, or that would be entitled to satisfaction for the injury, or is liable to pay the costs of the prosecution. ­­-------- (RSMo 1939 § 4078)  Prior revisions: 1929 § 3689; 1919 § 4033; 1909 § 5239  CROSS REFERENCE:  Civil practice as to witnesses in civil and criminal trials, 491.070