540.105. Reporter to record testimony — oath. — An official reporter of the circuit court, when directed by the judge thereof, shall take down and transcribe for the use of the prosecuting or circuit attorney any or all evidence given before the grand jury. Before taking down any such evidence, however, such reporter shall be sworn by the foreperson of such grand jury not to divulge any of the proceedings or testimony before the grand jury or the names of any witnesses except to the prosecuting or circuit attorney or to any attorney lawfully assisting him in the prosecution of an indictment brought by such grand jury.
Notes of Decisions
Cited in
7
cases, 1956–1997 · leading case:
State v. Shives, 601 S.W.2d 22 (Mo. Ct. App. 1980).
State v. Shives, 601 S.W.2d 22 (Mo. Ct. App. 1980).
· cites it 6× “) Section 540.105, supra, so far as here pertinent, provides that “[t]he official reporter of the circuit court, when directed by the judge thereof, shall take down and transcribe .”
State v. Greer, 605 S.W.2d 93 (Mo. 1980).
· cites it 3× “Section 540.105 RSMo 1978, gives to the circuit court the discretion to direct that the testimony before a grand jury in a particular case be transcribed, and § 56.”
Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956).
· cites it 2× “Section 540.105 provides for the oath of .”
State ex rel. Dunlap v. Hanna, 561 S.W.2d 411 (Mo. Ct. App. 1977).
· cites it 3× “Section 540.105, RSMo 1969 1 provides: The official reporter of the circuit court, when directed by the judge thereof, shall *413 take down and transcribe for the use of the prosecuting attorney any or all evidence given before the grand jury.”
State v. Eyman, 828 S.W.2d 883 (Mo. Ct. App. 1992).
· cites it 2× “See also §§ 540.105; 110; .120; .150; .320, RSMo Supp.”
State v. Hope, 954 S.W.2d 537 (Mo. Ct. App. 1997).
· cites it 2× “Point VI: Grand Jury Transcript Defendant’s Point VI declares: “The Presiding Judge of the Circuit Court of Greene County erred in failing to order that the grand jury proceedings that resulted in [Defendant’s] indictment be transcribed pursuant to section 540.105 R.S.Mo. which…”
State v. Thomas, 674 S.W.2d 131 (Mo. Ct. App. 1984).
“” § 540.105, Rule 25.03(A)(3) Y.A. M.R., gives a defendant a right, upon written request, to discover “those portions of any existing transcript of grand jury proceedings which relate to the offense with which defendant is charged, containing the testimony of the defendant and…”
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