Mo. Rev. Stat. » Chapter 545
Missouri Revised Statutes

Mo. Rev. Stat. § 545.040 (2026)

Indictments signed by whom

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  545.040.  Indictments signed by whom. — Every indictment must be attributed to the prosecuting attorney, and when the grand jury returns* any indictment into the court the judge must examine it, and if the foreman has neglected to endorse it "a true bill", with his name affixed thereto, or if the prosecuting attorney has not affixed his or her name to the indictment, the court must cause the foreman to affix his or her name or the prosecuting attorney to affix his or her name, as the case may require.

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(RSMo 1939 § 3929, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3540; 1919 § 3885; 1909 § 5093

*Word "return" appears in original rolls.

CROSS REFERENCE:

Proceedings before grand jury, Chap. 540

Notes of Decisions
Cited in 3 cases, 1955–2014 · leading case: State v. Elgin, 391 S.W.2d 341 (Mo. 1965).
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State v. Elgin, 391 S.W.2d 341 (Mo. 1965). · cites it 6× “He stresses § 545.040 and State v. Bruce, 1882, 77 Mo.”
State of Missouri v. Damien T. Bryan, 439 S.W.3d 781 (Mo. Ct. App. 2014). · cites it 2× “We reject both claims and affirm the judgment.”
State v. Atkinson, 285 S.W.2d 563 (Mo. 1955). “This objection is based on the circumstance that in returning the indictment the practice formerly obtaining under § 545.040 was followed; that is, the foreman endorsed it “ ‘a true bill’ ” with his name signed thereto.”
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