Missouri Revised Statutes
Mo. Rev. Stat. § 544.410 (2026)
Discharge, when ordered
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544.410. Discharge, when ordered. — If upon the examination of the whole matter, it appears to the associate circuit judge either that no offense has been committed by any person, or that there is no probable cause for charging the prisoner therewith, he shall discharge such prisoner.
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(RSMo 1939 § 3872)
Prior revisions: 1929 § 3482; 1919 § 3827; 1909 § 5035
Notes of Decisions
Cited in 2
cases, 1962–2007 · leading case: State v. Aaron, 218 S.W.3d 501 (Mo. Ct. App. 2007).
State v. Aaron, 218 S.W.3d 501 (Mo. Ct. App. 2007). “09(b); accord section 544.410, RSMo. In the instant case, as in Fry but not Mohamed, this determination of probable cause was the sole purpose of the preliminary hearing conducted.”
State v. Crouch, 353 S.W.2d 597 (Mo. 1962). “If upon preliminary examination it appears that a felony has been committed and that there is probable cause to believe the accused guilty, the magistrate shall hold him to answer in the court having jurisdiction of the offense.”
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