Title XXXVII, CRIMINAL PROCEDURE

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; an…

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 …

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 …

545.030. Indictments and informations, when valid. — 1. No indictment or information shall be deemed invalid, nor shall the trial, judgment or other proceedings thereon be stayed, arrested or in any manner affected: (1) By reason of the omission or misstatement of the defendant's…

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 th…

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 pref…

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 dispo…

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 t…

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 exc…

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 sam…

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 …

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 sus…

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. ­­-------- (RSMo 1939 § 3941) Prior revisions: 1929 …

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,…

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…

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. ­­-------- (R…

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 …

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 d…

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 …

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 a…

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 …

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 dem…

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 t…

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 prose…

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 th…

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. ­­-------- (RSMo 1939 § 3897) Prior revisions: 1929 § 3507; 1919 § 3852; 1…

545.270. Form of information. — An information filed in writing and as allowed by supreme court rule may be in the following form: ­ ­ ­­-------- (RSMo 1939 § 3896, A.L. 1997 S.B. 248) Prior revisions: 1929 § 3506; 1919 § 3851; 1909 § 5059

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 case…

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…

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…

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…

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 issu…

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 …

545.340. Disobedience to subpoena, how punished. — Disobedience to any such subpoena shall be punished in the same manner and upon like proceedings as provided by law in civil cases; and every delinquent witness shall be liable to the party at whose instance he was summoned, in t…

545.350. Tender of fees not necessary. — It shall not be necessary to pay or tender any fees whatever to any witness summoned on the part of the state or on the part of the defendant, but such witness shall be bound to attend and be liable for his nonattendance in the same manner…

545.360. Law governing witnesses in civil cases to apply. — The provisions of law in civil cases, relative to compelling the attendance and testimony of witnesses, their examination, the administration of oaths and affirmations and proceedings as for contempt, to enforce the reme…

545.370. Witness to attend until end of case — consequences of failure to so attend. — Whenever a witness in a criminal case has been once subpoenaed or recognized to appear before any division of the circuit court, he shall attend under the same as such witness, from time to tim…

545.380. Defense witnesses — commission to take deposition, when. — When any issue of fact is joined in any criminal case, and any material witness for the defendant resides out of the state, or residing within the state, is enceinte, sick or infirm, or is bound on a voyage or is…

545.390. Depositions to be taken and read as in civil cases. — Interrogatories to be annexed to such commission shall be settled and such commission shall be issued, executed and returned in the manner prescribed by law in respect to commissions in civil cases, and the deposition…

545.400. Conditional examination of witnesses. — The defendant in any criminal cause may also have witnesses examined on his behalf, conditionally, upon a commission issued by the clerk of the court in which the cause is pending, in the same cases and upon the like notice to the …

545.410. Duty of prosecuting attorney in taking depositions. — When any prosecuting attorney shall be notified of the taking of any deposition, as specified in section 545.400, it shall be his duty to attend the taking thereof if the same shall be taken in his county, but if in a…

545.415. Criminal cases, prosecutors and circuit attorneys may take depositions of any person, procedure — prisoners deposed, where. — Beginning July 1, 1995, a prosecuting or circuit attorney in any criminal case pending in any court may obtain the deposition of any person on or…

545.420. Indictment against judge to be removed to another circuit. — Whenever any indictment or prosecution for a criminal offense shall be pending in any court, against the judge thereof, the same shall be removed to the circuit court of some county in a different circuit, upon…

545.430. Change of venue may be granted defendant. — Any criminal cause pending in any circuit court may be removed, by the order of such court or the judge thereof, to the circuit court of another county in the same circuit, whenever it shall appear, in the manner provided in se…

545.440. Change of venue in counties where court held at more than one place. — In all counties in this state wherein terms of courts having criminal jurisdiction are held at more places than one, and provision has been made by law for the taking of changes of venue in criminal c…

545.450. When case may be removed to another circuit. — Whenever it shall appear, in the manner provided in section 545.490, that the inhabitants of the entire circuit are so prejudiced against the defendant that a fair trial cannot be had therein, the cause shall, by order of th…

545.460. Removal to be made on application of defendant. — Such order of removal, as specified in sections 545.440 and 545.450, shall be made on the application of the defendant, or where the defendant is under the age of sixteen, then on the application of the parent or guardian…

545.470. Application for change of venue, when made. — No order for the removal of any cause shall be made on the application of the defendant for the causes specified in sections 545.430 and 545.450, unless such application be made during the term of the court at which the indic…

545.473. Cole County, change of venue, procedure. — 1. Notwithstanding Missouri supreme court rule 32.03, a defendant with a case filed in a county with department of corrections centers with a total average yearly offender population in excess of two thousand persons shall follo…

545.480. Additional affidavit, when made. — If the defendant will, in addition to the oath requisite in ordinary and timely applications, swear that the facts on which he grounds his application have first come to his knowledge since the last preceding continuance of the cause, t…