Second indictment suspends first, when.

545.110. If there be at any time pending against the samedefendant two indictments for the same offense, or twoindictments for the same matter, although charged as differentoffenses, the indictment first found shall be deemed to besuspended by such second indictment, and shall be quashed.

(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.