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

Mo. Rev. Stat. § 545.070 (2026)

Names of witnesses must be affixed to indictment

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  545.070.  Names of witnesses must be affixed to indictment. — When an indictment is found by the grand jury, the names of all the material witnesses must be affixed to the indictment; other witnesses may be subpoenaed or sworn by the state, but no continuance shall be granted to the state on account of the absence of any witness whose name is not affixed to the indictment, unless upon the affidavit of the prosecuting attorney showing good cause for such continuance.

­­--------

(RSMo 1939 § 3933, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3544; 1919 § 3889; 1909 § 5097

Notes of Decisions
Cited in 20 cases, 1951–2017 · leading case: State v. Durham, 418 S.W.2d 23 (Mo. 1967).
Sort: Relevance Newest Treatment
State v. Durham, 418 S.W.2d 23 (Mo. 1967). · cites it 2× “Trial commenced on May 15, 1964, and a mistrial was declared. The name of Paul London was endorsed on the indictment on May 26, 1964.”
State v. Hartwell, 293 S.W.2d 313 (Mo. 1956). · cites it 3× “In fact, Goldberg merely testified that Hennings was in his store, priced the kit, but did not buy it and left, and that a few minutes later he saw him across the street talking to a couple of colored men “by his car”; he did not even identify the two men.”
State v. Farris, 243 S.W.2d 983 (Mo. 1951). · cites it 2× “" Section 545.070, R.S.1949, requires such endorsement of names on indictments but provides: "Other witnesses may be subpoenaed or sworn by the state, but no continuance shall be granted to the state on account of the absence of any witness whose name is not thus endorsed on the…”
State v. Curtis, 544 S.W.2d 580 (Mo. 1976). “, §§ 545.070 and 545.240, RSMo 1959, V.A.M.”
State v. Hacker, 291 S.W.2d 155 (Mo. 1956). · cites it 3× “2d 983, 986 [3-7], 987, this division reviewed many of the cases which have considered the effect of the requirements of Section 545.070 RSMo 1949, V.A.M.S., pertaining to the endorsement of thé names of witnesses on indictments.”
State v. Malone, 301 S.W.2d 750 (Mo. 1957). “17; § 545.070; State v. Stanfield, Mo., 1 S.W.”
State v. Washington, 383 S.W.2d 518 (Mo. 1964). “, §§ 545.070 and 545.240, RSMo 1959, V.A.M.”
State v. Kern, 447 S.W.2d 571 (Mo. 1969). “The essence of defendant’s objection is that Kinder did not testify consistently with the statement which he had previously made. Cases dealing with Criminal Rule 24.17, V.”
State v. Strawther, 476 S.W.2d 576 (Mo. 1972). “17 and the complementary statutes, §§ 545.070 and 545.240, RSMo 1969, V.A.M.”
State v. Keeble, 399 S.W.2d 118 (Mo. 1966). “The entry of a plea of not guilty and the subsequent proceedings constituted a waiver, and the present contention is groundless. It is next asserted, in a somewhat cursory manner, that the use by the State of witnesses not endorsed on the information deprived defendant of basic…”
State v. Churchill, 299 S.W.2d 475 (Mo. 1957). “§§ 545.070, 545.240; Sup.Ct.Rule 24.17; State v.”
State ex rel. Clagett v. James, 327 S.W.2d 278 (Mo. 1959). “It is my view that in the ordinary criminal case it is sufficient that the law furnishes to an accused the names of the State’s witnesses (§ 545.070), and grants to him the full right to take depositions, certainly in the absence of a more compelling and “particularized”…”
Show all 20 citing cases →
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.