- Chapter 540 Grand Juries and Their Proceedings
- Chapter 541 Jurisdiction in Criminal Cases
- 541.010. Code applicable, when and where.
- 541.015. Jurisdiction of associate circuit judges.
- 541.020. Jurisdiction of circuit courts.
- 541.033. Offenses, where prosecuted.
- 541.035. Failure to file reports required by law, where prosecuted.
- 541.040. Property stolen in another state, prosecution here, jurisdiction.
- 541.050. Stealing--prior trial in other state a bar.
- 541.060. Receipt of stolen or embezzled property--trial, where held.
- 541.070. Property stolen in one county taken to another, jurisdiction--wrongfully taken, defined.
- 541.080. Party wounded in one county and dying in another.
- 541.090. Party wounded in this state and dying in another.
- 541.100. Wounded in another state and dying in this.
- 541.110. Accessory to felony, where indicted.
- 541.120. Prosecution in wrong county--duty of court.
- 541.130. Jury discharged without prejudice, when.
- 541.140. Prisoner to be removed to proper county.
- 541.150. Change in venue law applicable.
- 541.155. Fraudulent use of a credit device, where prosecuted.
- 541.160. Concurrent jurisdiction in certain territories (Missouri).
- 541.170. Concurrent jurisdiction in certain territories (Arkansas).
- 541.180. Missouri and Arkansas to have concurrent jurisdiction.
- 541.191. State has jurisdiction over offenses if element of offense or result occurs in state--body of homicide victim found in state, presumption death occurred in state.
- Chapter 542 Proceedings to Preserve the Peace--Searches and Seizures
- 542.010. Magistrate defined.
- 542.020. Certain officers to preserve peace, issue process.
- 542.030. Warrant may issue, when.
- 542.040. Proceedings before associate circuit judge--jury--verdict--recognizance--costs.
- 542.050. Recognizance--penalty for failure to give.
- 542.060. Parties committed, how discharged.
- 542.070. Recognizance, where deposited.
- 542.080. Recognizance, when broken.
- 542.090. Recognizance to be prosecuted, when.
- 542.100. Offense stated in record is evidence of breach.
- 542.110. Appeal granted, when.
- 542.120. Recognizance forfeited on failure to prosecute appeal.
- 542.130. Proceedings on appeal.
- 542.140. Affray in presence of associate circuit judge.
- 542.170. What officers may require aid of persons to disperse rioters.
- 542.190. Special deputies and policemen to be residents of state.
- 542.261. Peace officer defined.
- 542.266. Search warrant defined--who may issue.
- 542.271. Warrant may issue to search and seize, certain persons and items, or to copy, photograph or record.
- 542.276. Who may apply for search warrant--contents of application, affidavit--where filed, hearing--contents of warrant--who may execute, return, when and how made--warrant deemed invalid, when.
- 542.281. Obscene matter, search warrant, procedure for obtaining--application for warrant, content--adversary hearing required, when--alteration of material after notice of hearing or execution of war
- 542.286. Warrant to be executed within territorial jurisdiction, exception.
- 542.291. Search, when conducted--receipt for property taken.
- 542.296. Motion to suppress, grounds for.
- 542.300. Prisoners may be searched.
- 542.301. Disposition of unclaimed seized property--forfeiture to the state, when--allegedly obscene matter, how treated--appeal authorized.
- 542.400. Definitions.
- 542.402. Penalty for illegal wiretapping, permitted activities.
- 542.404. Application for an order--authorization by attorney general--approval by judge, probable cause required.
- 542.406. Disclosure of contents--privileged communications.
- 542.408. Application, contents--ex parte order issued, when, contents, extensions granted, when--reports, court may require, when--pen registers, who may request--communication, common carriers may pr
- 542.410. Recording of contents, required, how, custody of, duplication, destruction of--applications and orders sealed by court, disclosure, when, destruction of--penalty--notice to persons named in o
- 542.412. Contents may be used as evidence, when--disclosure of additional evidence to defendant.
- 542.414. Suppression of contents, grounds--right of state to appeal suppression motion, when.
- 542.416. Reports to state courts administrator required, when, contents, who must report--state courts administrator to report to general assembly, when--rules and regulations.
- 542.418. Use of contents of wiretap in civil action, limitations on--illegal wiretap, cause of action, damages, attorney fees and costs--good faith reliance on court order a prima facie defense.
- 542.420. Evidence obtained in violation of law may not be used.
- 542.422. Injunctions of felony violations of sections 542.400 to 542.424, procedure.
- Chapter 543 Proceedings in Misdemeanor and Infraction Cases
- Chapter 544 Arrest, Examination, Commitment and Bail
- 544.010. Magistrate defined.
- 544.020. Issuance of warrant upon complaint.
- 544.030. Issuance of warrants by associate circuit judge.
- 544.040. Bail, associate circuit judge may grant, when.
- 544.045. License to operate motor vehicle may be deposited in lieu of bail--exceptions--failure to appear, notice to director of revenue.
- 544.046. Compact--entered into.
- 544.050. Recognizances.
- 544.060. Issuance of warrants by clerk upon indictments.
- 544.070. Issuance of process.
- 544.080. Issuance of warrant to sheriff--execution.
- 544.090. Warrants, where executed.
- 544.100. Arrest in another county--procedure.
- 544.110. Escape to another county when guilty of felony.
- 544.120. Attempted escape of felon, officers to pursue--arrest.
- 544.130. Attempted escape, proceeding after arrest.
- 544.145. Governor may offer reward for escaped felon--payment.
- 544.150. Reward by county commission.
- 544.155. Uniform fresh pursuit law.
- 544.157. Law enforcement officers, conservation agents, capitol police, park rangers and water patrol agents, arrest powers--fresh pursuit defined--policy of agency electing to institute vehicular pur
- 544.160. Escaped prisoner may be retaken after term expires.
- 544.170. Twenty hours detention on arrest without warrant--twenty-four hours detention for certain offenses, rights of confinee--violations, penalty.
- 544.180. Arrest.
- 544.190. Rights of officer in making arrests.
- 544.193. Strip searches prohibited, when--how executed if authorized.
- 544.195. Rights and remedies of person wronged.
- 544.197. Sections 544.193 to 544.197 not applicable, when.
- 544.200. Officer may break open doors.
- 544.210. Arrests, when.
- 544.216. Powers of arrest, arrest without warrant on suspicion persons violating any law of state including infractions, misdemeanors and ordinances, exception--power of municipal officer in unincorpo
- 544.220. Conveyance of prisoner through another county.
- 544.230. Officer not subject to arrest--posse.
- 544.240. Duty of jailer.
- 544.250. Preliminary hearing, when required--release, when, what conditions.
- 544.260. Arrest of person, where tried.
- 544.270. Procedure before associate circuit judge.
- 544.275. State correctional facilities may be used for certain civil or criminal proceedings not requiring a jury.
- 544.280. Trial, how conducted.
- 544.290. Disqualification of associate circuit judge.
- 544.300. Proceedings in case of disqualification.
- 544.310. Associate circuit judge may call associate.
- 544.320. Adjournment of hearing by associate circuit judge--release of prisoner, when, what conditions.
- 544.330. Failure to appear under recognizance.
- 544.340. Commitment of party, when.
- 544.350. Complaint to be read, time given for advice.
- 544.360. Exclusion of witnesses from examination.
- 544.370. Homicide, written evidence.
- 544.376. Crime laboratory reports, evidence as to test results, procedure--person conducting tests, recorded interview prior to hearing, procedure, right to subpoena.
- 544.380. Examination of prisoner and his witnesses.
- 544.390. Examination and recognizance, certified, when.
- 544.400. Failure of associate circuit judge to discharge duty.
- 544.410. Discharge, when ordered.
- 544.420. Recognizance, when required.
- 544.430. Who may be bound by recognizance.
- 544.440. Commitment of witnesses.
- 544.455. Release of person charged, when--conditions which may be imposed.
- 544.457. Bail, amount of, information which may be considered--denial of bail--special conditions.
- 544.470. Commitment of prisoner, when--presumption for aliens unlawfully present.
- 544.490. What courts may accept recognizance.
- 544.500. Recognizance, disposition of.
- 544.510. Bail, when taken other than by court.
- 544.520. Name of prosecutor returned with bail bond.
- 544.530. Bond or recognizance, by whom taken.
- 544.540. Court to fix conditions for release, when.
- 544.550. Recognizances, how taken.
- 544.560. Sheriff may set conditions for release, when.
- 544.570. Recognizances returned to clerk.
- 544.575. No proceeding upon a recognizance defeated for defects.
- 544.580. Qualification of sureties.
- 544.590. When security deemed sufficient.
- 544.600. Surrender of principal, how made.
- 544.610. Discharge of bailor's liability, how.
- 544.620. What deemed a surrender.
- 544.630. Other bail.
- 544.640. Recognizance forfeited, when.
- 544.650. Writ of scire facias, how served.
- 544.660. Writs of scire facias, service construed.
- 544.665. Failure to appear, penalty.
- 544.671. Certain defendants not entitled to bail for certain offenses.
- 544.676. Court may deny bail upon showing that defendant poses danger to victim, witness, or community--considerations--right to trial, time limit.
- Chapter 545 Proceedings Before Trial
- 545.010. Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.
- 545.015. Definitions.
- 545.020. Recovery of fine or forfeiture, how.
- 545.030. Indictments and informations, when valid.
- 545.040. Indictments signed by whom.
- 545.050. Name of prosecutor on indictment, when.
- 545.060. Indictment to have name of prosecutor--by whom made--effect of failure.
- 545.070. Names of witnesses must be affixed to indictment.
- 545.080. Indictments, when not to be made public.
- 545.090. Judges and others forbidden to disclose finding of indictment.
- 545.100. Officer may make disclosure, when.
- 545.110. Second indictment suspends first, when.
- 545.130. Different degrees of same offense may be incorporated.
- 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
- 545.150. Indictments in relation to property belonging to several owners.
- 545.160. Venue, how stated.
- 545.170. Intent to injure or defraud, how charged.
- 545.180. Certain indictments, what designation sufficient.
- 545.190. Identification of counterfeiting equipment.
- 545.200. Instruments, how described.
- 545.210. Money or note, how described.
- 545.220. Demurrer or motion to quash indictment must specify grounds.
- 545.230. Indictment by wrong name.
- 545.240. Informations--how filed, verified.
- 545.250. Who may make affidavit.
- 545.260. Lost affidavit, how replaced.
- 545.270. Form of information.
- 545.280. Prosecuting witness, who deemed.
- 545.290. Statute of jeofails applicable to proceedings by information.
- 545.300. Informations--amendment--substitution for defective indictment.
- 545.310. Issuance of warrant--recognizance after arrest.
- 545.320. Issuance of subpoenas for state witnesses.
- 545.330. Issuance of subpoenas for defense witnesses.
- 545.340. Disobedience to subpoena, how punished.
- 545.350. Tender of fees not necessary.
- 545.360. Law governing witnesses in civil cases to apply.
- 545.370. Witness to attend until end of case--consequences of failure to so attend.
- 545.380. Defense witnesses--commission to take deposition, when.
- 545.390. Depositions to be taken and read as in civil cases.
- 545.400. Conditional examination of witnesses.
- 545.410. Duty of prosecuting attorney in taking depositions.
- 545.415. Criminal cases, prosecutors and circuit attorneys may take depositions of any person, procedure--prisoners deposed, where.
- 545.420. Indictment against judge to be removed to another circuit.
- 545.430. Change of venue may be granted defendant.
- 545.440. Change of venue in counties where court held at more than one place.
- 545.450. When case may be removed to another circuit.
- 545.460. Removal to be made on application of defendant.
- 545.470. Application for change of venue, when made.
- 545.473. Cole County, change of venue, procedure.
- 545.480. Additional affidavit, when made.
- 545.490. Petition for change of venue must be proved and may be rebutted.
- 545.500. Order for removal shall specify what.
- 545.510. Order for removal, where entered.
- 545.520. Recognizance to be given.
- 545.530. Who may take recognizance.
- 545.540. Order for removal void, unless bail given.
- 545.550. Defendant in custody, to be removed, when--which county jail to house defendant.
- 545.560. Duty of sheriff.
- 545.570. In case of removal, transcript of record to be made.
- 545.580. Transcript to be filed.
- 545.590. Lost transcript may be replaced.
- 545.600. Witnesses to attend trial in cases of removal.
- 545.610. In case of removal, when notice to be given.
- 545.620. Costs, how taxed and paid.
- 545.630. Clerk, when liable to civil action.
- 545.640. Change of venue for one not to affect other defendants.
- 545.650. Change of venue and disqualification of judges in multiple-judge circuits.
- 545.660. When judge deemed incompetent to try case.
- 545.690. Another circuit judge may sit, when.
- 545.700. Adjourned term held, when.
- 545.710. Continuances, when and how granted.
- 545.720. Contents of affidavit.
- 545.730. Continuances on behalf of state, how obtained.
- 545.740. Witnesses to enter into recognizance, when.
- 545.780. Speedy trial, when--what constitutes--failure to comply not grounds for dismissal, exception.
- 545.790. Cause continued, when.
- 545.800. Copy of indictment or information furnished accused on request.
- 545.810. Defendant granted reasonable time to plead.
- 545.820. Court shall assign prisoner counsel, when.
- 545.830. Dilatory pleas, when entertained.
- 545.840. Matters pleaded occurring in another county.
- 545.850. Special term of court.
- 545.860. If prisoner bailed, no special term.
- 545.870. Prosecuting attorney to be notified, when.
- 545.880. Joint trials, when--separate trials for joint defendants, when--probability of prejudice exists, when.
- 545.885. Joint trials for persons jointly charged--exceptions--substantial prejudice defined.
- 545.890. Defendant imprisoned--discharge if not tried before end of second term.
- 545.900. Defendant on bail--discharged if not tried before end of third term.
- 545.910. When state not entitled to further continuance.
- 545.920. When defendant not entitled to discharge.
- 545.930. Endorsement or signature of pleadings in criminal cases.
- Chapter 546 Trials, Judgments and Executions in Criminal Cases
- 546.010. Proceedings upon information, how conducted.
- 546.020. Plea of not guilty, not formally tendered.
- 546.030. Prisoner must be present in court, when.
- 546.040. Issues of fact to be tried by jury.
- 546.050. Misdemeanors may be tried by court.
- 546.060. Practice in civil case to apply, when.
- 546.070. Order of trial--instructions, requirements.
- 546.080. Variance between charge and proof.
- 546.090. Court may amend record, when--clerk to certify corrections.
- 546.095. Offense not cognizable before associate circuit judge--procedure.
- 546.250. Person injured may testify.
- 546.260. Defendant may testify in own behalf--spouse may testify for husband or wife--spouse may testify against husband or wife, when.
- 546.270. Failure to testify not to prejudice defendant.
- 546.280. Defendant may be discharged to testify for state.
- 546.300. Existence of corporation, how proved.
- 546.360. Defense of former jeopardy may be proved, when.
- 546.370. Exceptions may be taken as in civil cases.
- 546.380. Court not to charge, but may instruct jury.
- 546.390. Verdict of jury, how rendered.
- 546.400. Verdict must show degree of guilt.
- 546.540. Confinement of insane persons, costs paid, how.
- 546.550. Presence of prisoner at rendition of judgment.
- 546.560. Presence of prisoner in court.
- 546.570. Hearing before sentence.
- 546.580. Section 546.570 deemed directory, when.
- 546.590. Judgment to be entered by clerk.
- 546.595. Associate circuit judge to file statement with certain officers if no appeal--collection of fines.
- 546.600. Copy of judgment of conviction to sheriff.
- 546.610. Copy of commitment to sheriff--prisoner, how and where delivered.
- 546.620. Power of sheriff to summon aid.
- 546.650. Court may require security to keep the peace.
- 546.660. Section 546.650 construed.
- 546.670. Recognizance, when broken.
- 546.680. Capital cases, duty of court.
- 546.690. Statement of conviction and judgment to governor.
- 546.700. Sentence not executed, procedure.
- 546.710. Execution warrant issued to the director of department of corrections for execution of offender.
- 546.720. Death penalty--manner of execution--execution team to be selected, members, confidentiality.
- 546.730. Place of executing judgment of death, duties of director.
- 546.740. Execution, witnesses.
- 546.750. Warrant of execution, how returned.
- 546.800. Pregnancy of female convict under death sentence--proceedings.
- 546.810. If found pregnant--sentence suspended.
- 546.820. Execution ordered when causes for suspension cease.
- 546.860. All property bound for fine and costs.
- 546.870. Executions shall issue, when.
- 546.880. May be consigned to workhouse, when.
- 546.881. St. Louis City workhouse, commitment.
- 546.890. Persons committed to workhouse imprisoned for full term.
- 546.900. Stay of execution granted, when.
- 546.902. Municipalities in St. Louis County, authority to enact ordinances and enforce them with fines or imprisonment.
- Chapter 547 Appeals, New Trials and Exceptions
- 547.010. New trials.
- 547.020. New trials--when granted.
- 547.030. Motion for new trial.
- 547.035. Postconviction DNA testing for persons in the custody of the department--motion, contents--procedure.
- 547.037. Motion for release filed, when, procedure.
- 547.040. Motion in arrest of judgment--abolished.
- 547.050. Court of its own motion may arrest judgment.
- 547.060. In cases of arrest, court may order prisoner recommitted.
- 547.070. Appeals--when granted.
- 547.080. Writs of error.
- 547.090. Appeals in felony cases, within what time.
- 547.100. Appeals in misdemeanor cases--procedure.
- 547.110. Transcript on appeal prepared by clerk, when.
- 547.120. Transcript prepared by appellant, when.
- 547.130. Stay of execution, when--exceptions.
- 547.140. Suspension of judgment.
- 547.150. Stay of proceedings and writ of error to be filed.
- 547.160. Sheriff to keep prisoner in custody, when.
- 547.170. Prisoner, when let to bail.
- 547.180. Condition of recognizance--felony cases.
- 547.190. Recognizance on appeal--misdemeanor cases.
- 547.200. Appeal by state.
- 547.210. Indictment or information insufficient, defendant held--state may appeal.
- 547.220. Defendant to make recognizance in cases of appeal.
- 547.230. State may sue out writ of error.
- 547.240. Recognizances, where certified.
- 547.250. Forfeiture, where certified.
- 547.260. Attorney general and chief administrative officer to be notified of appeal, how, by whom.
- 547.270. No assignment, or joinder in error, necessary.
- 547.280. Errors as to time or place of imprisonment, no ground for reversal.
- 547.290. Supreme court shall direct execution of sentence, when.
- 547.300. Effect of affirmance or reversal.
- 547.310. Defendant ordered arrested, when.
- 547.320. Cause remanded, procedure.
- 547.330. Affirmation of conviction or dismissal of appeal, execution of sentence, arrest of convict, when.
- 547.340. Duty of marshal under execution of sentence order--warrant for arrest, issuance, authority under.
- 547.350. Power of marshal in executing order.
- 547.360. Post conviction relief.
- 547.370. Post conviction relief, death penalty.
- Chapter 548 Extradition
- Chapter 549 Probation, Pardons and Paroles
- Chapter 550 Costs in Criminal Cases
- Chapter 551 Relief of Insolvents Confined on Criminal Process
- Chapter 552 Criminal Proceedings Involving Mental Illness
- 552.010. Mental disease or defect defined.
- 552.015. Evidence of mental disease or defect, admissible, when.
- 552.020. Lack of mental capacity bar to trial or conviction--psychiatric examination, when, report of--plea of not guilty by reason of mental disease, supporting pretrial evaluation, conditions of rel
- 552.030. Mental disease or defect, not guilty plea based on, pretrial investigation--evidence--notice of defense--examination, reports confidential--statements not admissible, exception--presumption o
- 552.040. Definitions--acquittal based on mental disease or defect, commitment to state hospital required--immediate conditional release--conditional or unconditional release, when--prior commitment, a
- 552.043. Hearings open to public.
- 552.045. Transcript of proceedings and preliminary letter to institution, when.
- 552.050. Mental illness during service of sentence, proceedings relating thereto.
- 552.060. Mental disease or defect upon sentence to death.
- 552.070. Power of governor to grant reprieves, commutations and pardons.
- 552.080. Court costs, examination fees, care and treatment, transportation, how paid.