Missouri Revised Statutes

Mo. Rev. Stat. § 544.420 (2026)

Recognizance, when required

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  544.420.  Recognizance, when required. — If it appear that a felony has been committed, and that there is probable cause to believe the prisoner guilty thereof, the associate circuit judge shall bind, by recognizance, the prosecutor, and all material witnesses against such prisoner, to appear and testify before the court having cognizance of the offense, on such day as the prosecuting attorney shall designate in writing duly filed with the associate circuit judge at the time, and not to depart such court without leave.

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(RSMo 1939 § 3873)

Prior revisions: 1929 § 3483; 1919 § 3828; 1909 § 5036

(1977) Preliminary hearing is in no sense a trial and primary purpose is to prevent abuse of power by the prosecution. State v. Clark (A.), 546 S.W.2d 455.

Notes of Decisions
Cited in 3 cases, 1964–1980 · leading case: State ex rel. Thomas v. Crouch, 603 S.W.2d 532 (Mo. 1980).
State ex rel. Thomas v. Crouch, 603 S.W.2d 532 (Mo. 1980). · cites it 12× “Section 544.420, RSMo 1978, is identical with Section 3483, RSMo 1929, in effect at the time of Ancell .”
State v. Clark, 546 S.W.2d 455 (Mo. Ct. App. 1977). · cites it 2× “§ 544.420, RSMo 1969 and Rules 23.02 and 23.”
State v. Herron, 376 S.W.2d 192 (Mo. 1964). “250, was charged on information filed in the circuit court by the prosecuting attorney with the offense charged in the complaint filed in the magistrate court and that thereafter defendant, upon arraignment in open court with his counsel present, entered plea of not guilty and…”
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