Mo. Rev. Stat. » Chapter 540
Missouri Revised Statutes

Mo. Rev. Stat. § 540.310 (2026)

Cannot be compelled to disclose vote

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  540.310.  Cannot be compelled to disclose vote. — No member of a grand jury shall be obliged or allowed to testify or declare in what manner he or any other member of the grand jury voted on any question before them, or what opinions were expressed by any juror in relation to any such question.

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(RSMo 1939 § 3923)

Prior revisions: 1929 § 3534; 1919 § 3879; 1909 § 5087

Notes of Decisions
Cited in 6 cases, 1956–2020 · leading case: State ex inf. Dalton v. Moody, 325 S.W.2d 21 (Mo. 1959).
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State ex inf. Dalton v. Moody, 325 S.W.2d 21 (Mo. 1959). · cites it 3× “” The statutes provide criminal penalties for disclosure by either grand jurors (§ 540.320) or witnesses (§ 540.120). The court must instruct the grand jurors on their duties not to make disclosures (§ 540.”
Doe v. Bell, 367 F. Supp. 3d 966 (E.D. Mo. 2019). · cites it 3× “080 (the oath of secrecy the grand jurors take) 6 and § 540.310 (a statute providing that no grand juror be obliged or allowed to declare how grand jurors voted or what opinions were expressed by any grand juror about the issues before them) 7 would be have no practical effect…”
Palmentere v. Campbell, 205 F. Supp. 261 (W.D. Mo. 1962). · cites it 3× “” Section 540.310 provides: “No member of a grand jury shall be obliged or allowed to testify or declare in what manner he or any other member of the grand jury voted on any question before them, or what opinions were expressed by any juror in relation to any such question.”
Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956). “While there is *1208 still considerable diversity of opinion on the subject, the weight of authority seems to be that, since 'the original rule of secrecy was adopted to protect and promote the public welfare, the law may, through its constituted tribunals, dispense with the…”
State ex rel. Clagett v. James, 327 S.W.2d 278 (Mo. 1959). “al stenographic transcript of the testimony of a defendant and of the witnesses endorsed on the indictment is furnished to the defendant it is most likely, and indeed almost certain, that it will contain colloquies, interrogations and remarks by grand jury members and…”
Grand Juror Doe v. Wesley Bell, 969 F.3d 883 (8th Cir. 2020). “” Mo. Rev. Stat. § 540.310 . On the other hand, “no member of a grand jury” may “declare in what manner he or any other member of the grand jury voted,” id.”
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