Missouri Revised Statutes

Mo. Rev. Stat. § 545.430 (2026)

Change of venue may be granted defendant

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  545.430.  Change of venue may be granted defendant. — Any criminal cause pending in any circuit court may be removed, by the order of such court or the judge thereof, to the circuit court of another county in the same circuit, whenever it shall appear, in the manner provided in section 545.490, that the minds of the inhabitants of the county in which the cause is pending are so prejudiced against the defendant that a fair trial cannot be had therein.

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(RSMo 1939 § 4015)

Prior revisions: 1929 § 3626; 1919 § 3969; 1909 § 5176

CROSS REFERENCES:

Division of county, how pending prosecution conducted, 47.330

Prosecution begun in wrong county, case to be transferred, procedure, 541.120 to 541.150

(1952) No change of venue or right to disqualify judge exists in a criminal contempt case. Osborne v. Purdome (Mo.), 250 S.W.2d 159.

Notes of Decisions
Cited in 4 cases, 1983–1987 · leading case: State v. Overkamp, 646 S.W.2d 733 (Mo. 1983).
State v. Overkamp, 646 S.W.2d 733 (Mo. 1983). · cites it 4× “Section 545.430, RSMo 1978, provides for a change of venue whenever it appears to the court that the minds of the inhabitants are so prejudiced against the defendant that a fair trial cannot be had therein.”
State v. Molasky, 655 S.W.2d 663 (Mo. Ct. App. 1983). “” § 545.430; see also Rule 32.04(a). Appellant in effect merges two claims of error in this point.”
State v. Chaney, 663 S.W.2d 279 (Mo. Ct. App. 1983). “At the time of the hearing on the motion for change of venue § 545.430 controlled the requirements for change of venue.”
State v. Thompson, 723 S.W.2d 76 (Mo. Ct. App. 1987). ““In order to find an abuse of discretion, it is necessary to conclude that the record permits no interpretation other than that ‘the minds of the inhabitants of the county .”
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