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Missouri Revised Statutes

Mo. Rev. Stat. § 545.110 (2026)

Second indictment suspends first, when

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  545.110.  Second indictment suspends first, when. — If there be at any time pending against the same defendant two indictments for the same offense, or two indictments for the same matter, although charged as different offenses, the indictment first found shall be deemed to be suspended by such second indictment, and shall be quashed.

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(RSMo 1939 § 3939)

Prior revisions: 1929 § 3550; 1919 § 3895; 1909 § 5102

(1954) An indictment is "found" within this section at the time it is returned into court and not at the time it is voted by the grand jury. State v. Brown, 364 Mo. 759, 267 S.W.2d 682.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1957–2024 · leading case: State v. Nesbitt, 299 S.W.3d 26 (Mo. Ct. App. 2009).
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State v. Nesbitt, 299 S.W.3d 26 (Mo. Ct. App. 2009). · cites it 14× “Section 545.110 RSMo. (2000). This statute applies to informa-tions as well as indictments.”
State v. Granberry, 530 S.W.2d 714 (Mo. Ct. App. 1975). · cites it 14× “I Defendant first argues that his conviction and sentence are void on the ground that the indictment upon which he was tried had been suspended by operation of § 545.110 RSMo 1969 and Rule 24.14. Section 545.”
State v. Jackson, 385 S.W.3d 437 (Mo. Ct. App. 2012). · cites it 6× “Here, while Jackson was initially found to be a prior offender pursuant to the State’s July 26, 2010 information, the State’s August 2, 2010 amended information superseded the July information pursuant to section 545.110. State v. Nesbitt, 299 S.”
State v. Davis, 624 S.W.2d 72 (Mo. Ct. App. 1981). · cites it 3× “10, § 545.110 and his constitutional right to immunity from multiple punishments for the same offense.”
State ex rel. Mario Richardson, Relator v. The Honorable Brian H. May, 565 S.W.3d 191 (Mo. 2019). · cites it 3× “10; see also section 545.110, RSMo 2016 ("If there be at any time pending against the same defendant two indictments for the same offense, or two indictments for the same matter, although charged as different offenses, the indictment first found shall be deemed to be suspended…”
In re Fenlon, 775 S.W.2d 134 (Mo. 1989). · cites it 6× “The Master overruled respondent’s motion to dismiss the Information, but sustained, in part, the motion to strike, ordering stricken from the Information allegations deemed beyond the scope of the first Notice of Formal Hearing.”
State v. Merritt, 591 S.W.2d 107 (Mo. Ct. App. 1979). · cites it 2× “1967) and § 545.110, RSMo 1978. 5 In State v. Thompson, supra, under the original indictment, the accused had been charged with attempted robbery.”
State v. Thompson, 392 S.W.2d 617 (Mo. 1965). · cites it 2× “The contention is wholly without merit. We shall reverse this judgment and remand the defendant to the custody of the Sheriff of Greene County.”
State v. Reichenbacher, 673 S.W.2d 837 (Mo. Ct. App. 1984). · cites it 2× “The order of the court contained the following last paragraph: “Cause reinstated on the docket and reassigned to Division # 16 for further proceedings; The State is granted leave to reinstate or proceed on the original charge of first degree assault as the charge was reduced or…”
State v. Smith, 491 S.W.2d 257 (Mo. 1973). · cites it 3× “Appellant finally contends that, under § 545.110, RSMo 1969, V.A.M.S., the indictment in Cause No.”
State v. Spencer, 307 S.W.3d 203 (Mo. Ct. App. 2010). · cites it 4× “Construing what now is § 545.110 — a statute essentially unchanged from 1845 to the present 3 — our supreme court found such position “untenable.”
State ex rel. Wickline v. Casteel, 729 S.W.2d 56 (Mo. Ct. App. 1987). · cites it 3× “There, upon holding that an attempted amendment of an information ran afoul of the restriction against charging a different crime, the court stated: “Under the authority of § 545.110 and the cases of State v. Melvin, 166 Mo.”
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