545.010. Felonies and misdemeanors may be prosecuted by indictment or information, exceptions. — All felonies shall be prosecuted by indictment or information, except in cases arising in the land, air or naval forces, or in the militia as provided in sections 40.005 to 40.490; and all misdemeanors shall be prosecuted by indictment or by information in the courts having jurisdiction thereof. But that mode of procedure which shall be first instituted by the filing of the indictment or information for any offense shall be pursued to the exclusion of the other, so long as the same shall be pending and undetermined; and the court in which the prosecution shall be first commenced by the filing therein of the indictment or information, and the issuing of a warrant thereon, shall retain jurisdiction and control of the cause to the exclusion of any other court so long as the same shall be pending and undisposed of; provided, that misdemeanors for violation of general laws of this state shall in no case be prosecuted in any police or recorder's court, any provision of any special city charter to the contrary notwithstanding; provided, that the last mentioned provision of this section shall only apply to cities having a population of not less than fifty thousand and not exceeding three hundred thousand inhabitants.
Notes of Decisions
Cited in
18
cases, 1952–2008 · leading case:
State v. Rotter, 958 S.W.2d 59 (Mo. Ct. App. 1997).
State v. Rotter, 958 S.W.2d 59 (Mo. Ct. App. 1997).
· cites it 16× “Rotter contended that the court lacked subject matter jurisdiction under section 545.010, RSMo 1994, because the information was filed and summons issued while the Holts Summit Municipal Court had exclusive jurisdiction.”
Searcy v. State, 981 S.W.2d 597 (Mo. Ct. App. 1998).
· cites it 10× “10; § 545.010, RSMo.1994. Likewise, if there are two or more indictments or informations pending against an accused for the same offense in the same court, the indictment or information last found suspends proceedings upon those previously found.”
State v. M.L.S., 275 S.W.3d 293 (Mo. Ct. App. 2008).
· cites it 8× “08 4 and section 545.010. M.L.S. argues that section 545.”
State v. McGee, 757 S.W.2d 321 (Mo. Ct. App. 1988).
· cites it 5× “hat the procedure the prosecutor used to bring him to trial was unconstitutional in that he was denied a preliminary hearing and therefore precluded from cross-examining and impeaching his accusers at that stage of the case or, the court erred in refusing appellant the…”
State v. Higgins, 252 S.W.2d 641 (Mo. Ct. App. 1952).
· cites it 3× “Said section is now Section 545.010 RSMo 1949, V.A.M.S. The same general assembly also enacted the following new section in lieu of Section 2482, R.”
State v. Harrison, 276 S.W.2d 222 (Mo. 1955).
· cites it 3× “In the instant case, there was evidence introduced tending to show that the pres■ent incumbent of the office of Clerk of the ■Circuit Court of Madison County has made •an effort to find an information charging •the offense of which defendant was convicted and sentenced in 1931.…”
State v. Hicks, 221 S.W.3d 497 (Mo. Ct. App. 2007).
· cites it 2× “01; § 545.010. The indictment or information must be “in writing, signed by the prosecuting attorney, and filed in the court having jurisdiction of the offense.”
State v. Bolin, 643 S.W.2d 806 (Mo. 1983).
“020, prosecution must be based upon an indictment or information, § 545.010. *812 The statutory right to a speedy arraignment, and thus trial, applies by the express language of § 545.”
Turnage v. State, 782 S.W.2d 755 (Mo. Ct. App. 1989).
· cites it 4× “Since there is nothing in the record to show that an information was ever filed charging Turnage with attempted rape or sodomy (Count II), that conviction, as is the case with Counts III (burglary), IV (stealing), and V (rape) cannot stand.”
State v. Austin, 861 S.W.2d 334 (Mo. Ct. App. 1993).
· cites it 2× “§ 545.010, RSMo 1986; Rule 21.01. “The failure to file an information or indictment formally charging a defendant with a crime is a jurisdictional defect, and there can be no conviction obtained or punishment assessed in a case in which such a jurisdictional defect occurs.”
State v. McQueen, 282 S.W.2d 539 (Mo. 1955).
· cites it 3× “; Section 545.010 RSMo 1949, V.A.M.S.” State v.”
State v. Thomas, 674 S.W.2d 131 (Mo. Ct. App. 1984).
“I, § 17 of the Missouri Constitution the institution of a criminal proceeding by indictment or information are concurrent procedures. He contends, however, that the prosecutor must elect between proceeding by information or indictment, and once he has, he may not then proceed by…”
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.