544.370. Homicide, written evidence. — In all cases of homicide, but in no other, the evidence given by the several witnesses shall be reduced to writing by the associate circuit judge, or under his direction, and shall be signed by the witnesses respectively.
Notes of Decisions
Cited in
15
cases, 1966–1980 · leading case:
Shoemake v. State, 462 S.W.2d 772 (Mo. 1971).
Shoemake v. State, 462 S.W.2d 772 (Mo. 1971).
· cites it 4× “Considerable attention at the hearing on the motion was directed to the question as to whether the transcript of the witnesses at the preliminary had been filed in the circuit court as required by § 544.370, RSMo 1959, V.A.M.S., and Supreme Court Rule 23.”
State v. Eaton, 504 S.W.2d 12 (Mo. 1973).
· cites it 3× “Section 544.370, RSMo 1969, V.A.M.S., provides that “In all cases of homicide, but in no other, the evidence given by the several witnesses (at a preliminary examination) shall be reduced to writing by the magistrate, or under his direction, and shall be signed by the witnesses…”
State v. Greer, 605 S.W.2d 93 (Mo. 1980).
· cites it 2× “It is admitted that in this case there was no record made of the proceedings before the grand jury pertaining to appellant, and that it is the practice in Jackson County not to make a record of grand jury proceedings. Appellant further asserts that he was thereby denied due…”
State v. Clark, 546 S.W.2d 455 (Mo. Ct. App. 1977).
· cites it 2× “The contention that § 544.370, RSMo 1969 which requires that: In all cases of homicide, but in no other, the evidence given by the several witnesses shall be reduced to writing by the magistrate, or under his direction, and shall be signed by the witnesses respectively evinces a…”
State v. Pugh, 600 S.W.2d 114 (Mo. Ct. App. 1980).
· cites it 2× “, which superseded § 544.370, RSMo 1969, Y.A.M.S. There are a number of decisions holding that testimony taken before a magistrate may be used at the trial in a homicide case upon a showing that the witness is beyond the jurisdiction of the court, and those decisions…”
Baker v. State, 524 S.W.2d 144 (Mo. Ct. App. 1975).
· cites it 3× “§ 544.370, RSMo 1969, V.A.M.S. At the hearing the parties stipulated that the original motion be in fact amended but that the motion to strike be treated as a motion in response and a motion to quash subpoenas.”
State v. Benison, 415 S.W.2d 773 (Mo. 1967).
· cites it 2× “, provide that evidence given at a preliminary-hearing shall be reduced to writing “ * * In all cases of homicide * * A transcript of the evidence is required in no other cases, capital or otherwise. The point has no merit and is overruled.”
Johnson v. State, 479 S.W.2d 416 (Mo. 1972).
· cites it 2× “(h) The court erred in failing to find that the absence of a transcript of the preliminary hearing constitutes a failure to comply with the requirements of § 544.370, RSMo 1969, V.A.M.S., and Rule 23.”
State v. Stufflebean, 604 S.W.2d 737 (Mo. Ct. App. 1980).
· cites it 2× “§ 544.370, RSMo 1978. Setting aside, however, the absence of a record to substantiate Stuffle-bean’s argument, yet there would be no case for appellate review even assuming that he requested and was denied a pre-hearing line-up and assuming that Mrs.”
Fleck v. State, 443 S.W.2d 100 (Mo. 1969).
· cites it 2× “The fact that such testimony is required by § 544.370, RSMo 1959, V.A.M.S., to be reduced to writing and signed does not change the situation.”
State v. Fleming, 451 S.W.2d 119 (Mo. 1970).
· cites it 3× “: “In all cases of homicide, but in no other, the evidence given by the several witnesses shall be reduced to writing by the magistrate, or under his direction, and shall be signed by the witnesses respectively.” This rule was superseded by Criminal Rule 23.”
State v. Champ, 477 S.W.2d 81 (Mo. 1972).
· cites it 2× “We consider the issue before us to be whether appellant is entitled to a preliminary hearing at which the testimony is reduced to writing.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.