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

Mo. Rev. Stat. § 545.240 (2026)

Informations

✓ current as of May 2026
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  545.240.  Informations — how filed, verified. — Informations may be filed by the prosecuting attorney as informant during term time, or with the clerk in vacation, of the court having jurisdiction of the offense specified therein.  All informations shall state the name of the prosecuting attorney and be verified by his oath or by the oath of some person competent to testify as a witness in the case, or be supported by the affidavit of such person, which shall be filed with the information; the verification by the prosecuting attorney may be upon information and belief; all in the manner provided by supreme court rule.  The names of the witnesses for the prosecution must be affixed to the information, in like manner and subject to the same restrictions as required in case of indictments.

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(RSMo 1939 § 3894, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3504; 1919 § 3849; 1909 § 5057

CROSS REFERENCE:

Misdemeanor prosecutions, Chap. 543

(1951) Where accused does not attack information by motion to quash, failure of assistant prosecuting attorney to sign it, is unavailing on appeal. State v. Taylor, 362 Mo. 676, 243 S.W.2d 301.

(1951) Trial court has large discretion in granting leave to endorse names of witnesses on indictment at beginning of trial.  State v. Farris (Mo.), 243 S.W.2d 983.

(1960) Information signed by an assistant prosecuting attorney of Jackson County held sufficient. State v. Easley (Mo.), 338 S.W.2d 884.

(1964) Where information is supported by affidavit of private individual that individual must have actual knowledge of the offense but verification of information by prosecuting attorney may be upon information and belief. State v. Statler (Mo.), 383 S.W.2d 534.

(1967) It is only where the information is supported by the affidavit of a private individual that such person must have actual knowledge of the offense, and the prosecuting attorney may verify an information upon information and belief. State v. Crump (Mo.), 412 S.W.2d 490.

Notes of Decisions
Cited in 19 cases, 1951–2015 · leading case: State v. Tevis, 340 S.W.2d 415 (Mo. Ct. App. 1960).
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State v. Tevis, 340 S.W.2d 415 (Mo. Ct. App. 1960). · cites it 5× “Defendant relies upon Section 545.240 RSMo 1949, V.A.M.S. Pursuant to the authority granted by Section 5, Article V, of the Constitution of Missouri, V.”
State v. Statler, 383 S.W.2d 534 (Mo. 1964). · cites it 3× “Section 545.240, RSMo 1959, V.A.M.S. It is only where the information is supported by the affidavit of a private individual that such person must have actual knowledge of the offense ; where the prosecutor verifies the information it may be based “upon such information as he may…”
State v. Pace, 402 S.W.2d 351 (Mo. 1966). · cites it 5× “16 and § 545.240, RSMo 1959, V.A.M.S. expressly provide that the Prosecuting Attorney may verify an information upon information and belief.”
Osborne v. Purdome, 244 S.W.2d 1005 (Mo. 1951). · cites it 2× “It is urged that § 545.240, RSMo 1949, requiring that informations filed by the prosecuting attorney in criminal prosecutions shall be verified by his oath or by the oath of a competent witness, makes it mandatory that the complaint in this case should have been so verified.”
State ex rel. Schultz v. Harper, 573 S.W.2d 427 (Mo. Ct. App. 1978). · cites it 3× “s here involved are based, in essential part, provides: “When any person has knowledge of the commission of a crime, he may make his affidavit * * * and file the same with the clerk * * * or deposit it with the prosecuting attorney * * * *429 and it shall be the duty of the…”
State v. Egan, 272 S.W.2d 719 (Mo. Ct. App. 1954). · cites it 2× “Without objection by defendant’s counsel although the name of the prosecuting attorney had not been endorsed on the information (Section 545.240), the prosecuting attorney took the witness stand during the state’s case in chief for brief formal proof on direct examination (his…”
State v. Farris, 243 S.W.2d 983 (Mo. 1951). · cites it 2× “Section 545.240, R.S.1949, requires: "The names of the witnesses for the prosecution must be endorsed on the information, in like manner and subject to the same restrictions as required in case of indictments.”
State v. Martin, 395 S.W.2d 97 (Mo. 1965). · cites it 3× “See Section 545.240 RSMo 1959 and Rule 24.16 V.”
State v. Jones, 365 S.W.2d 508 (Mo. 1963). · cites it 2× “, which is the same in substance as Section 545.240. In State v. Taylor, 362 Mo.”
State v. VanSickel, 675 S.W.2d 907 (Mo. Ct. App. 1984). · cites it 2× “§ 545.240, RSMo 1978; Rule 23.-01. We disagree.”
State v. Hawkins, 240 S.W.2d 688 (Mo. 1951). “The ease went to trial on May 10, 1950. Upon the trial the motion to suppress was orally renewed and was overruled by the court, and the suits and drapes were admitted in evidence over defendant’s objection.”
State v. Bounds, 305 S.W.2d 487 (Mo. 1957). · cites it 2× “§ 545.240; 42 V.A.M.S. Supreme Court Rules, rule 24.”
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