Mo. Rev. Stat. » Chapter 541
Missouri Revised Statutes

Mo. Rev. Stat. § 541.120 (2026)

Prosecution in wrong county

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  541.120.  Prosecution in wrong county — duty of court. — When it appears at any time before verdict or judgment that the defendant is prosecuted in a county not having jurisdiction of the offense, the court may order that all the papers and proceedings be certified and transmitted to the proper court of the proper county, and recognize the defendant to appear before such court on the first day of the next term thereof, to await the action of the grand jury.  The witnesses shall also be recognized to appear at such court, that the prosecution may be proceeded with as provided by law.

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(RSMo 1939 § 3774)

Prior revisions: 1929 § 3384; 1919 § 3729; 1909 § 4940

Notes of Decisions
Cited in 5 cases, 1959–2012 · leading case: State v. Patterson, 729 S.W.2d 226 (Mo. Ct. App. 1987).
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State v. Patterson, 729 S.W.2d 226 (Mo. Ct. App. 1987). · cites it 8× “The State of Missouri appeals from the trial court’s dismissal of one count of an indictment, contending the court erred by failing to transfer the count to the county having proper venue, pursuant to § 541.120 RSMo 1986. We affirm. On April 3, 1985 a Reynolds County Grand Jury…”
State v. Poelker, 378 S.W.2d 491 (Mo. 1964). · cites it 6× “Nor does Section 541.120 RSMo 1959, V.A.M.S. apply here, since the court made no orders in reliance thereon.”
State v. Rowe, 363 S.W.3d 114 (Mo. Ct. App. 2012). · cites it 2× “First, Defendant argues that: (1) Detective Caton’s testimony during the State’s case-in-chief showed that venue in Scott County was improper; and (2) once Detective Catón testified, the trial court was required by § 541.”
State v. Robinson, 325 S.W.2d 465 (Mo. 1959). “140 is intended to apply only in those cases where it develops before verdict or judgment that a defendant is being prosecuted in a county not having jurisdiction of the offense, in which event § 541.120 directs that the court transfer the cause to the court of the proper…”
State v. White, 720 S.W.2d 27 (Mo. Ct. App. 1986). · cites it 2× “” In regard to defendant’s alternative request to transfer the case to Greene County, we note that § 541.120, RSMo 1978, states, in pertinent part: “When it appears at any time before verdict or judgment that the defendant is prosecuted in a county not having jurisdiction of the…”
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