State Codes and Statutes
Statutes > Missouri > T33 > C491 > 491_420Witness from another state summoned to testify in this state.
491.420. 1. If a person in any state, which by its laws hasmade provision for commanding persons within its borders toattend and testify in criminal prosecutions, or grand juryinvestigations commenced or about to commence, in this state, isa material witness in a prosecution pending in a court of recordin this state, or in a grand jury investigation which hascommenced or is about to commence, a judge of such court mayissue a certificate under the seal of the court stating thesefacts and specifying the number of days the witness will berequired. The certificate may include a recommendation that thewitness be taken into immediate custody and delivered to anofficer of this state to assure his attendance in this state.This certificate shall be presented to a judge of a court ofrecord in the county in which the witness is found.
2. If the witness is summoned to attend and testify in thisstate he shall be tendered by the treasurer of the county inwhich the prosecution is pending the sum of ten cents a mile foreach mile by the ordinary traveled route to and from the courtwhere the prosecution is pending, and fifteen dollars for eachday that he is required to travel and attend as a witness. Awitness who has appeared in accordance with the provisions of thesummons shall not be required to remain within this state alonger period of time than the period mentioned in thecertificate, unless otherwise ordered by the court. If thewitness, after coming into this state, fails without good causeto attend and testify as directed in the summons, he shall bepunished in the manner provided for the punishment of any witnesswho disobeys a summons issued from a court of record in thisstate.
(L. 1959 H.B. 295 § 4)(1974) Case remanded for hearing to determine if failure to subpoena alibi witnesses from another state was ineffectiveness of counsel. Garton v. Swenson (C.A. Mo.), 497 F.2d 1137.
