reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.640 - Recognizance forfeited, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.640. Recognizance forfeited, when. —
If, without sufficient cause or excuse, the defendant fails to appear for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, according to the condition of his recognizance, the court must direct the fact to be entered upon its minutes, and thereupon the recognizance is forfeited, and the same shall be proceeded upon by scire facias to final judgment and execution thereon, although the defendant may be afterward arrested on the original charge, unless remitted by the court for cause shown.
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(RSMo 1939 § 3973)
Prior revisions: 1929 § 3584; 1919 § 3927; 1909 § 5134
(1954) Words "unless remitted by the court for cause shown" relate to the whole of § 544.640 and trial court, while the matter is pending before it, may for cause remit the penalty before final judgment but such remission must be based on proof of extraordinary and unusual circumstances. State v. Salisbury, 364 Mo. 1039, 271 S.W.2d 522.
(1961) Where defendant failed to appear on misdemeanor charge at time fixed in his bond, the bond could be forfeited, notwithstanding his attorney appeared and the information in the case was dismissed as being insufficient. State v. Norton (Mo.), 347 S.W.2d 849.
(1973) Incarceration of defendant in another state is not circumstance which will discharge his surety as a matter of law. State v. Jones (Mo.), 491 S.W.2d 241.
(1974) Only grounds for discharge of a surety on a bail bond are failure to appear because of (1) an act of God, (2) an act of law, (3) an act of an obligee. State owes no duty to have party returned under agreement on detainers in order to avoid forfeiture of bond. State v. Patterson (A.), 508 S.W.2d 304.
(1974) Held that release of surety on bond is mandatory where defendant is produced in open court after forfeiture of bond but before a judgment on the forfeiture. Proper venue for action on the bond is in court of county where action commenced, not in county to which action was transferred on change of venue. State v. Street (A.), 510 S.W.2d 225.
(1974) Held that court is not required to have either accused or his bondsman called prior to forfeiture of bail. State v. Henderson (A.), 512 S.W.2d 218.
(1980) After the police had obtained custody of defendant and a bail bond forfeiture proceeding is subsequently held, the court is not required to release surety from liability. State v. Armstrong (A.), 605 S.W.2d 526.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.650 - Writ of scire facias, how served.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.650. Writ of scire facias, how served. —
Whenever any bail bond or recognizance has been given or entered into in any criminal proceedings, conditioned for the appearance of any person charged with, indicted for or convicted of any criminal offense, or for any other purpose, and the conditions thereof shall become broken or the same shall be forfeited, it shall be lawful and sufficient to serve the writ of scire facias or other writ or process which may be issued in such proceeding, either by delivering a duly certified copy of such writ or process to the person therein named, or by leaving such duly certified copy of such writ or process at the usual place of abode of the person therein named, with a member of his family over the age of fifteen years.
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(RSMo 1939 § 3974)
Prior revisions: 1929 § 3585; 1919 § 3928; 1909 § 5135
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.660 - Writs of scire facias, service construed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.660. Writs of scire facias, service construed. —
Whenever two successive writs of scire facias shall have been issued upon any forfeited recognizance or bail bond, and return shall be made on each of said writs by the sheriff or marshal that any of the parties therein cannot be found, such two returns shall be deemed a sufficient service upon the person as to whom such returns were made.
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(RSMo 1939 § 3975)
Prior revisions: 1929 § 3586; 1919 § 3929; 1909 § 5136
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.665 - Failure to appear, penalty.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 01 Jan 2017, 2 histories, see footnote
544.665. Failure to appear, penalty. —
1. In addition to the forfeiture of any security which was given or pledged for a person's release, any person who, having been released upon a recognizance or bond pursuant to any other provisions of law while pending preliminary hearing, trial, sentencing, appeal, probation or parole revocation, or any other stage of a criminal matter against him or her, knowingly fails to appear before any court or judicial officer as required shall be guilty of the crime of failure to appear.
2. Failure to appear is:
(1) A class E felony if the criminal matter for which the person was released included a felony;
(2) A class A misdemeanor if the criminal matter for which the person was released includes a misdemeanor or misdemeanors but no felony or felonies;
(3) An infraction if the criminal matter for which the person was released includes only an infraction or infractions;
(4) An infraction if the criminal matter for which the person was released includes only the violation of a municipal ordinance, provided that the sentence imposed shall not exceed the maximum fine which could be imposed for the municipal ordinance for which the accused was arrested.
3. Nothing in sections 544.040 to 544.665 shall prevent the exercise by any court of its power to punish for contempt.
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(L. 1972 H.B. 1160, A.L. 1996 H.B. 1047, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.671 - Certain defendants not entitled to bail for certain offenses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
Effective - 05 Jun 2006, see footnote
544.671. Certain defendants not entitled to bail for certain offenses. —
Notwithstanding any supreme court rule or judicial ruling to the contrary, no defendant under a sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation of section 579.065
*
, 565.021, or 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, or 566.100, and no defendant who has pled guilty to or been found guilty of any felony sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, and 573.037, and any felony violation of section 573.040, shall be entitled to bail pending appeal after June 29, 1994. Pursuant to the prerogative of the general assembly to declare the public policy of this state in matters regarding criminal liability of persons and to enact laws relating to judicial procedure, the general assembly declares that subsequent to June 29, 1994, no person shall be entitled to bail or continuation of bail pursuant to section 547.170 if that person is under a sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation of section 579.065
*
, 565.021, or 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, or 566.100, and no defendant who has pled guilty to or been found guilty of any felony sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, and 573.037, and any felony violation of section 573.040.
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(L. 1994 S.B. 763 § 2, A.L. 2006 H.B. 1698, et al.)
Effective 6-05-06
*Section 195.222 was transferred to section 579.065 by S.B. 491, 2014, effective 1-01-17.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.676 - Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
Effective - 28 Aug 1994
544.676. Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit. —
1. Upon a showing by the state that a defendant poses a danger to a crime victim, witness, or the community, the court may deny bail to a defendant or impose such conditions as it deems appropriate to protect a crime victim, witness or the community.
2. In determining whether a defendant poses a danger to a crime victim, witness, or the community, the court may consider all relevant evidence, including but not limited to:
(1) The defendant's criminal record;
(2) Whether the defendant was on probation or released on bail at the time the crime for which the court is considering bail was committed;
(3) The nature and circumstances of the crime for which bail is being sought.
3. A defendant who is denied bail because he poses a danger to a crime victim, witness, or the community shall, upon written request filed at arraignment, be entitled to a trial which begins within one hundred twenty days of his arraignment or within one hundred twenty days of an order granting a change of venue, whichever occurs later. The provisions of this subsection shall be waived and of no effect if the defendant requests and receives a continuance or if bail is set for the defendant.
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(L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.010 - Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1984
545.010. Felonies and misdemeanors may be prosecuted by indictment or information, exceptions. —
All felonies shall be prosecuted by indictment or information, except in cases arising in the land, air or naval forces, or in the militia as provided in sections 40.005 to 40.490; and all misdemeanors shall be prosecuted by indictment or by information in the courts having jurisdiction thereof. But that mode of procedure which shall be first instituted by the filing of the indictment or information for any offense shall be pursued to the exclusion of the other, so long as the same shall be pending and undetermined; and the court in which the prosecution shall be first commenced by the filing therein of the indictment or information, and the issuing of a warrant thereon, shall retain jurisdiction and control of the cause to the exclusion of any other court so long as the same shall be pending and undisposed of; provided, that misdemeanors for violation of general laws of this state shall in no case be prosecuted in any police or recorder's court, any provision of any special city charter to the contrary notwithstanding; provided, that the last mentioned provision of this section shall only apply to cities having a population of not less than fifty thousand and not exceeding three hundred thousand inhabitants.
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(RSMo 1939 § 3892, A.L. 1984 H.B. 1035)
Prior revisions: 1929 § 3502; 1919 § 3847; 1909 § 5055
CROSS REFERENCES:
Liquor laws, indictment for violation to contain what, 311.770
Preliminary examination required, when, 544.250
Prosecutions by indictment or information, Const. Art. I § 17
(1984) Filing of a complaint in circuit court charging defendant with capital murder did not give defendant a constitutional right to a preliminary hearing if the prosecution chose to seek an indictment by grand jury for the same crime. State v. Thomas (Mo.App.E.D.), 674 S.W.2d 131.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.015 - Definitions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 02 Jan 1979, see footnote
545.015. Definitions. —
As used in chapter 545, unless the context clearly requires otherwise:
(1)
"Magistrate"
means associate circuit judge;
(2)
"Circuit court"
means a division of the circuit court presided over by a circuit judge; and
(3)
"Judge of the circuit court"
means a circuit judge.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.020 - Recovery of fine or forfeiture, how.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.020. Recovery of fine or forfeiture, how. —
Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding another or different remedy for the recovery of the same may be specified in the law imposing the fine, penalty or forfeiture; provided, that in all cases the fine, penalty or forfeiture shall go to the state, county, corporation, person or persons to whom the law imposing the same declares it shall accrue.
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(RSMo 1939 § 4860)
Prior revisions: 1929 § 4467; 1919 § 3708; 1909 § 4919
CROSS REFERENCE:
Trespass, penalties and damages may be recovered by indictment or information, 537.370
(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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.040 - Indictments signed by whom.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1997
545.040. Indictments signed by whom. —
Every indictment must be attributed to the prosecuting attorney, and when the grand jury returns
*
any indictment into the court the judge must examine it, and if the foreman has neglected to endorse it "a true bill", with his name affixed thereto, or if the prosecuting attorney has not affixed his or her name to the indictment, the court must cause the foreman to affix his or her name or the prosecuting attorney to affix his or her name, as the case may require.
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(RSMo 1939 § 3929, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3540; 1919 § 3885; 1909 § 5093
*Word "return" appears in original rolls.
CROSS REFERENCE:
Proceedings before grand jury, Chap. 540
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.050 - Name of prosecutor on indictment, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 2009
545.050. Name of prosecutor on indictment, when. —
No indictment for any trespass against the person or property of another, not amounting to a felony, except for petit larceny, and no indictment for the disturbance of the peace of a person, or for libel or slander, shall be preferred unless the name of a prosecutor is affixed thereto, thus: "A B, prosecutor", except where the same is preferred upon the information and testimony of one or more grand jurors, or of some public officer in the necessary discharge of his or her duty.
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(RSMo 1939 § 3931, A.L. 1997 S.B. 248, A.L. 2009 H.B. 62 merged with H.B. 481)
Prior revisions: 1929 § 3542; 1919 § 3887; 1909 § 5095
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.060 - Indictment to have name of prosecutor — by whom made — effect of failure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1997
545.060. Indictment to have name of prosecutor — by whom made — effect of failure. —
The name of the prosecutor must be affixed to such indictment; but no indictment shall be quashed for the want of affixing such name, if the same shall be made before the motion to quash is disposed of, and in no case shall the judgment be arrested or the trial discontinued after it has been commenced, for the want of such endorsement.
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(RSMo 1939 § 3932, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3543; 1919 § 3888; 1909 § 5096
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.070 - Names of witnesses must be affixed to indictment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1997
545.070. Names of witnesses must be affixed to indictment. —
When an indictment is found by the grand jury, the names of all the material witnesses must be affixed to the indictment; other witnesses may be subpoenaed or sworn by the state, but no continuance shall be granted to the state on account of the absence of any witness whose name is not affixed to the indictment, unless upon the affidavit of the prosecuting attorney showing good cause for such continuance.
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(RSMo 1939 § 3933, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3544; 1919 § 3889; 1909 § 5097
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.080 - Indictments, when not to be made public.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.080. Indictments, when not to be made public. —
When any indictment shall be found against any person for a felony or misdemeanor, not being in actual confinement, or held by recognizance to answer thereto, such indictment shall not be open to the inspection of any person except the judge and clerk of the court and the prosecuting attorney; nor shall it be docketed or entered upon the minutes or records of the court until the defendant therein shall have been arrested.
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(RSMo 1939 § 3936)
Prior revisions: 1929 § 3547; 1919 § 3892; 1909 § 5099
CROSS REFERENCE:
Grand jury, penalty for disclosing evidence or indictments, 540.320
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.090 - Judges and others forbidden to disclose finding of indictment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.090. Judges and others forbidden to disclose finding of indictment. —
No judge, prosecuting attorney, or other officer of any court, shall disclose the fact of any such indictment being found until the defendant therein shall have been arrested or recognized to answer the same; and any person violating this provision shall be deemed guilty of a misdemeanor.
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(RSMo 1939 § 3937)
Prior revisions: 1929 § 3548; 1919 § 3893; 1909 § 5100
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.100 - Officer may make disclosure, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.100. Officer may make disclosure, when. —
Sections 545.080 and 545.090 shall not extend to any officer making any such disclosure by the issuing or in the execution of any process on such indictment, or in any other way, when it shall become necessary in the discharge of any official duty.
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(RSMo 1939 § 3938)
Prior revisions: 1929 § 3549; 1919 § 3894; 1909 § 5101
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.110 - Second indictment suspends first, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.110. Second indictment suspends first, when. —
If there be at any time pending against the same defendant two indictments for the same offense, or two indictments for the same matter, although charged as different offenses, the indictment first found shall be deemed to be suspended by such second indictment, and shall be quashed.
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(RSMo 1939 § 3939)
Prior revisions: 1929 § 3550; 1919 § 3895; 1909 § 5102
(1954) An indictment is "found" within this section at the time it is returned into court and not at the time it is voted by the grand jury. State v. Brown, 364 Mo. 759, 267 S.W.2d 682.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.130 - Different degrees of same offense may be incorporated.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.130. Different degrees of same offense may be incorporated. —
When, by law, an offense comprises different degrees, an indictment may contain counts for the different degrees of the same offense, or for any of such degrees.
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(RSMo 1939 § 3941)
Prior revisions: 1929 § 3552; 1919 § 3897; 1909 § 5104
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.140 - Two or more persons and offenses may be charged in same indictment, when — separate counts for each offense — all defendants need not be joined in each count — separate trials, when — substantial prejudice, defined.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 2020, 2 histories
545.140. Two or more persons and offenses may be charged in same indictment, when — separate counts for each offense — all defendants need not be joined in each count — separate trials, when — substantial prejudice, defined. —
1. Notwithstanding Missouri supreme court rule 24.06, two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
2. Notwithstanding Missouri supreme court rule 24.07, two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or infractions, or any combination thereof, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
3. Two or more defendants shall not be charged in the same indictment or information if substantial prejudice should result. For purposes of this section,
"substantial prejudice"
shall mean a bias or discrimination against one or more defendants or the state which is actually existing or real and not one which is merely imaginary, illusionary or nominal.
4. If two or more defendants are charged with being joint participants in a conspiracy charged under section 562.014, it shall be presumed that there is no substantial prejudice from them being charged in the same indictment or information or from them being tried together.
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(RSMo 1939 § 3942, A.L. 1984 S.B. 602, A.L. 2020 S.B. 600)
Prior revisions: 1929 § 3553; 1919 § 3898; 1909 § 5105
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.150 - Indictments in relation to property belonging to several owners.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.150. Indictments in relation to property belonging to several owners. —
When any offense shall be committed upon or in relation to any property belonging to several partners or owners, the indictment or information for such offense shall be deemed sufficient if it allege such property to belong to any one or more of such partners or owners, without naming all of them.
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(RSMo 1939 § 3943)
Prior revisions: 1929 § 3554; 1919 § 3899; 1909 § 5106
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.160 - Venue, how stated.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.160. Venue, how stated. —
It shall not be necessary to state any venue in the body of any indictment or information; but the county or other jurisdiction named in the margin thereof shall be taken to be the venue for all the facts stated in the body of the same.
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(RSMo 1939 § 3944)
Prior revisions: 1929 § 3555; 1919 § 3900; 1909 § 5107
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.170 - Intent to injure or defraud, how charged.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.170. Intent to injure or defraud, how charged. —
It shall be sufficient in any indictment for any offense where an intent to injure, cheat or defraud shall be necessary to constitute the offense, to allege that the defendant did the act with such intent, without alleging the intent of the defendant to be to injure, cheat or defraud any particular person; and on the trial of such offense, it shall not be necessary to prove an intent on the part of the defendant to injure, cheat or defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged with an intent to injure, cheat or defraud.
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(RSMo 1939 § 4862)
Prior revisions: 1929 § 4469; 1919 § 3710; 1909 § 4921
(1972) Although information charged that defendant tendered a no account check willfully, unlawfully and feloniously with intent to cheat and defraud a specific person, court held that it was sufficient to prove that defendant did the act charged with an intent to injure, cheat or defraud, and that such did not deny defendant due process of law. State v. Bywaters (Mo.), 476 S.W.2d 588.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.180 - Certain indictments, what designation sufficient.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.180. Certain indictments, what designation sufficient. —
In any indictment for forging, uttering, stealing, embezzling, destroying or concealing, or for obtaining by color of any false token, writing, or false pretenses, any instrument or property, it shall be sufficient to describe such instrument or property by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile thereof, or otherwise describing the same, or the value thereof.
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(RSMo 1939 § 3945)
Prior revisions: 1929 § 3556; 1919 § 3901; 1909 § 5108
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.190 - Identification of counterfeiting equipment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.190. Identification of counterfeiting equipment. —
In any indictment for engraving or making the whole or any part of any instrument, matter or thing whatsoever, or for using or having the unlawful possession of any plate or other material upon which the whole or any part of any instrument, matter or thing whatsoever shall have been engraved or made, or for having the unlawful possession of any paper upon which the whole or any part of any instrument, matter or thing whatsoever shall have been made or printed, it shall be sufficient to describe such instrument, matter or thing by any name or designation by which the same may be usually known, without setting out any copy or facsimile of the whole or any part of such instrument, matter or thing.
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(RSMo 1939 § 3946)
Prior revisions: 1929 § 3557; 1919 § 3902; 1909 § 5109
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.200 - Instruments, how described.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.200. Instruments, how described. —
In all other cases, whenever it shall be necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof.
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(RSMo 1939 § 3947)
Prior revisions: 1929 § 3558; 1919 § 3903; 1909 § 5110
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.210 - Money or note, how described.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.210. Money or note, how described. —
In every indictment in which it shall be necessary to make any averment as to any money or any note, being or purporting to be made or issued by any bank incorporated by law, or made or issued by virtue of any law of the United States, it shall be sufficient to describe such money or note simply as money, without specifying any particular coin or note; and such allegation shall be sustained by proof of any amount of coin, or of any such note, although the particular species of coin of which such amount was composed, or the particular nature of such note, shall not be proved; and in cases of larceny, embezzlement and obtaining money or such notes by false pretenses, by proof that the offender stole, embezzled or obtained any piece of coin, or any such note, or any portion of the value thereof, although such piece of coin or such note may have been delivered to him, in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and such part shall have been returned accordingly.
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(RSMo 1939 § 3948)
Prior revisions: 1929 § 3559; 1919 § 3904; 1909 § 5111
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.220 - Demurrer or motion to quash indictment must specify grounds.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.220. Demurrer or motion to quash indictment must specify grounds. —
A demurrer to or motion to quash an indictment shall distinctly specify the grounds of objection to the indictment; unless it does so, it shall be disregarded, nor shall any reason be held to sustain such demurrer or motion not specified therein.
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(RSMo 1939 § 3949)
Prior revisions: 1929 § 3560; 1919 § 3905; 1909 § 5112
CROSS REFERENCE:
Appeal by state, when demurrer to indictment sustained, 547.210
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.230 - Indictment by wrong name.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.230. Indictment by wrong name. —
If a defendant be indicted by the wrong name, unless he declare his true name before pleading, he shall be proceeded against by the name in the indictment. If he allege that another name is his true name, it must be entered in the minutes of the court; and after such entry, the trial and all other proceedings on the indictment shall be had against him by that name, referring also to the name by which he is indicted, in the same manner, in all respects, and with the same consequences as if he had been indicted by his true name.
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(RSMo 1939 § 3950)
Prior revisions: 1929 § 3561; 1919 § 3906; 1909 § 5113
(1964) Court erred in sustaining motion to dismiss information on ground that name in information was fictitious where name used was alter ego of corporation and no claim was made that defendant was not the person informed against. City of St. Louis v. Capital Vending Co. (A.), 374 S.W.2d 519.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.240 - Informations — how filed, verified.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1997
545.240. Informations — how filed, verified. —
Informations may be filed by the prosecuting attorney as informant during term time, or with the clerk in vacation, of the court having jurisdiction of the offense specified therein. All informations shall state the name of the prosecuting attorney and be verified by his oath or by the oath of some person competent to testify as a witness in the case, or be supported by the affidavit of such person, which shall be filed with the information; the verification by the prosecuting attorney may be upon information and belief; all in the manner provided by supreme court rule. The names of the witnesses for the prosecution must be affixed to the information, in like manner and subject to the same restrictions as required in case of indictments.
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(RSMo 1939 § 3894, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3504; 1919 § 3849; 1909 § 5057
CROSS REFERENCE:
Misdemeanor prosecutions, Chap. 543
(1951) Where accused does not attack information by motion to quash, failure of assistant prosecuting attorney to sign it, is unavailing on appeal. State v. Taylor, 362 Mo. 676, 243 S.W.2d 301.
(1951) Trial court has large discretion in granting leave to endorse names of witnesses on indictment at beginning of trial. State v. Farris (Mo.), 243 S.W.2d 983.
(1960) Information signed by an assistant prosecuting attorney of Jackson County held sufficient. State v. Easley (Mo.), 338 S.W.2d 884.
(1964) Where information is supported by affidavit of private individual that individual must have actual knowledge of the offense but verification of information by prosecuting attorney may be upon information and belief. State v. Statler (Mo.), 383 S.W.2d 534.
(1967) It is only where the information is supported by the affidavit of a private individual that such person must have actual knowledge of the offense, and the prosecuting attorney may verify an information upon information and belief. State v. Crump (Mo.), 412 S.W.2d 490.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.250 - Who may make affidavit.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.250. Who may make affidavit. —
When any person has knowledge of the commission of a crime, he may make his affidavit before any person authorized to administer oaths, setting forth the offense and the person or persons charged therewith, and file the same with the clerk of the court having jurisdiction of the offense, for the use of the prosecuting attorney, or deposit it with the prosecuting attorney, furnishing also the names of the witnesses for the prosecution; and it shall be the duty of the prosecuting attorney to file an information, as soon as practicable, upon said affidavit, as directed in section 545.240.
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(RSMo 1939 § 3895)
Prior revisions: 1929 § 3505; 1919 § 3850; 1909 § 5058
(2015) Section does not authorize the Public Service Commission to order an electric utility to sell its street lights to municipality absent its consent. City of O'Fallon v. Union Electric Co., 462 S.W.3d 438 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.260 - Lost affidavit, how replaced.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.260. Lost affidavit, how replaced. —
If the affidavit or information shall be lost or destroyed, the prosecuting attorney may file another, and the case shall proceed without any delay from that cause.
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(RSMo 1939 § 3897)
Prior revisions: 1929 § 3507; 1919 § 3852; 1909 § 5060
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.270 - Form of information.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1997
545.270. Form of information. —
An information filed in writing and as allowed by supreme court rule may be in the following form:
The State of Missouri
)
against
) In the ______ court.
A ______ B______.
)
C M, prosecuting attorney within and for the county of ______, in the state of Missouri, informs the court that A B, on the ______ day of ______, A.D. 20______, at the said county of ______, did then and there ______ (here set out the offense as in an indictment).
C M, prosecuting attorney.
C M, prosecuting attorney (or E F, as the case may be), makes oath and says that the facts stated in the foregoing information are true, according to his best information and belief.
Subscribed and sworn to before me, this ______ day of ______, A.D. 20______.
G H (style of office).
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(RSMo 1939 § 3896, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3506; 1919 § 3851; 1909 § 5059
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.280 - Prosecuting witness, who deemed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.280. Prosecuting witness, who deemed. —
When the information is based on an affidavit filed with the clerk or delivered to the prosecuting attorney, as provided for in section 545.250, the person who made such affidavit shall be deemed the prosecuting witness, and in all cases in which by law an indictment is required to be endorsed by a prosecutor, the person who makes the affidavit upon which the information is based, or who verifies the information, shall be deemed the prosecutor; and in case the prosecution shall fail from any cause, or the defendant shall be acquitted, such prosecuting witness or prosecutor shall be liable for the costs in the case not otherwise adjudged by the court, but the prosecuting attorney shall not be liable for costs in any case.
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(RSMo 1939 § 3900)
Prior revisions: 1929 § 3510; 1919 § 3855; 1909 § 5063
(1967) Court Rule 29.01 expands the requirement of section 545.280 and imposes the duty upon the court to advise a defendant, upon arraignment, of his right to counsel and upon request to appoint counsel for an indigent defendant. State v. Maxwell (Mo.), 411 S.W.2d 237.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.290 - Statute of jeofails applicable to proceedings by information.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.290. Statute of jeofails applicable to proceedings by information. —
The statute of jeofails, as applicable to criminal pleadings and proceedings in prosecutions by indictment, shall apply to all proceedings in prosecutions by information; and any affidavit or information may be amended in matter of form or substance at any time by leave of court before the trial, and on the trial as to all matters of form and variance, at the discretion of the court, when the same can be done without prejudice to the substantial rights of the defendant, on the merits, and no amendment shall cause any delay of the trial, except at the instance of the defendant for good cause shown by affidavit.
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(RSMo 1939 § 3898)
Prior revisions: 1929 § 3508; 1919 § 3853; 1909 § 5061
(1951) Amendment of forgery information, after jury was sworn, to change date of offense from 13th of November to 14th, where check set out in information was dated "11-1449" held not erroneous. State v. Redding, 362 Mo. 39, 239 S.W.2d 494.
(1953) Amendment of information in robbery prosecution after trial had commenced to allege that person upon whom assault was made was agent of owner and in possession of money, held a matter of form only and not erroneous. State v. Stidham (Mo.), 258 S.W.2d 620.
(1960) The allowance of an amendment to a robbery information after close of state's case to charge that the amount taken from individual was $55 instead of $193 held proper where evidence showed that amount. State v. Clark (Mo.), 331 S.W.2d 588.
(1971) Amendment of information during trial in burglary prosecution to allege offense occurred between 11 p.m., March 31, 1970, and 12:35 a.m., April 1, 1970, instead of on April 1, 1970, held within judge's discretion. State v. Fowler (Mo.), 473 S.W.2d 353.
(1971) Defendant is not entitled to be released simply because the required number of terms have elapsed. He must show that he has demanded a trial and that such request was made without success for a reasonable length of time before his right to release is asserted. Failure to take affirmative action seeking speedy trial constitutes a waiver of that right and thus defendant's motion for discharge was correctly overruled. State v. Harper (Mo.), 473 S.W.2d 419.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.300 - Informations — amendment — substitution for defective indictment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.300. Informations — amendment — substitution for defective indictment. —
An information may be amended either as to form or substance at any time before the jury is sworn, but no such amendment shall be allowed as would operate to charge an offense different from that charged or attempted to be charged in the original information. If an indictment be held to be insufficient either as to form or substance, an information charging the same offense charged or attempted to be charged in such indictment may be substituted therefor at any time before the jury is sworn. No amendment of the information or substitution of an information for an indictment as herein provided shall cause a delay of the trial unless the defendant shall satisfy the court that such amendment or substitution has made it necessary that he have additional time in which to prepare his defense.
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(RSMo 1939 § 3953)
Prior revision: 1929 § 3564
(1953) The right of the state to substitute an information for a defective indictment is intended to be exercised in the discretion of the prosecuting attorney and court has no power to control such discretion. State ex rel. Downs v. Kimberlin, 364 Mo. 215, 260 S.W.2d 552.
(1956) Where conviction was had on information based on city ordinance which was repealed at time of alleged offense, appellate court could not remand case for trial on ordinance which was in effect at such time, where the later ordinance was not in evidence. City of St. Louis v. Vetter (A.), 293 S.W.2d 140.
(1957) Order holding indictment insufficient held not necessary in order to permit substitution of information therefor. State v. Green (Mo.), 305 S.W.2d 863.
(1958) It was not abuse of discretion for trial judge to permit amendment of information charging robbery in first degree so as to charge defendant also as a habitual criminal when the record did not evidence any bad faith on part of prosecuting attorney and the state had additional evidence to show three prior felony convictions and subsequent discharge therefor though the jury failed to convict defendant thereunder. State v. Whitaker (Mo.), 312 S.W.2d 34.
(1966) Indictment cannot be amended by the court or the prosecuting attorney, but only by the grand jury which has returned it. State v. Holbert (A.), 399 S.W.2d 142.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.310 - Issuance of warrant — recognizance after arrest.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.310. Issuance of warrant — recognizance after arrest. —
Upon the filing of the information, a warrant shall issue for the apprehension of the person charged with the offense, unless he be in custody or voluntarily surrender himself in custody of the court; and if such warrant be issued in term, it shall be made returnable forthwith; but if issued in vacation, it shall be made returnable at the next term thereafter; and if defendant be arrested during the term he shall be brought into court, but if he be arrested in vacation of the court, the officer making the arrest shall admit him to bail in a recognizance in any sum not less than one hundred dollars nor more than five hundred dollars, with good and sufficient sureties, to be approved by such officer, conditioned for the personal appearance of the defendant in the court in which the case is pending on the first day of the next term thereof, and not depart without leave, which recognizance shall be returned with the warrant and filed in the court; and in default of the prisoner to give such recognizance, he shall be committed to the jail of the county by the officer until the next term of court, or until he gives such recognizance, and if default be made in such recognizance, the same shall be adjudged forfeited, and shall be proceeded on as other recognizances in criminal cases.
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(RSMo 1939 § 3901)
Prior revisions: 1929 § 3511; 1919 § 3856; 1909 § 5064
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.320 - Issuance of subpoenas for state witnesses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.320. Issuance of subpoenas for state witnesses. —
No subpoena for a witness in any criminal case shall be issued on the part of the state, unless the name of such witness be endorsed on the indictment or information, or the prosecuting attorney shall order the same to be issued, in writing, or the prosecutor shall file an affidavit that other witnesses ordered by him are positively necessary for a complete adjudication of the case; and no subpoena shall issue for any witness unless the defendant is in custody or on bail, or the clerk or associate circuit judge shall have good reason to believe that he will be apprehended. Subpoenas may be issued to different counties at the same time, but all the witnesses ordered at one time, and living in the same county, shall be included in one subpoena.
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(RSMo 1939 § 4229)
Prior revisions: 1929 § 3834; 1919 § 4177; 1909 § 5385
CROSS REFERENCE:
Attendance of witnesses from without state, 491.400 to 491.450
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.330 - Issuance of subpoenas for defense witnesses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.330. Issuance of subpoenas for defense witnesses. —
The defendant shall be entitled to process for witnesses to be issued and directed to the sheriff of the county in which such witnesses may be; but all the witnesses in the same county shall be included in one subpoena, and no subsequent subpoena shall be issued for any witness, unless the court in which the cause is pending or the judge or associate circuit judge, shall for good cause shown, order a subpoena for another witness; or if, in absence of the judge, the defendant shall file with the clerk his affidavit that other witnesses ordered by him are material and positively necessary in his behalf, to a full and complete adjudication of the case, the clerk shall issue subpoenas for such witness.
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(RSMo 1939 § 4231)
Prior revisions: 1929 § 3836; 1919 § 4179; 1909 § 5387
CROSS REFERENCES:
Compulsory process for witnesses, right of defendant, Const. Art. I § 18
Habeas corpus ad testificandum in criminal cases generally, 491.230 to 491.270