Missouri Revised Statutes
Mo. Rev. Stat. § 545.830 (2026)
Dilatory pleas, when entertained
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545.830. Dilatory pleas, when entertained. — No plea in abatement or other dilatory plea to an indictment or information shall be received by any court, unless the party offering such plea shall prove the truth thereof by affidavit or some other evidence.
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(RSMo 1939 § 4005)
Prior revisions: 1929 § 3616; 1919 § 3959; 1909 § 5166
(1954) Plea in abatement in criminal prosecution based on stated conclusions that defendant had been compelled to testify before the grand jury which was investigating offense with which defendant was later charged held properly overruled where testimony required was not shown either in verified plea or by evidence. State v. Bright, 269 S.W.2d 615.
Notes of Decisions
Cited in 2
cases, 1954–1962 · leading case: State v. Bright, 269 S.W.2d 615 (Mo. 1954).
State v. Bright, 269 S.W.2d 615 (Mo. 1954). “167, 168 ; *621 Section 545.830, RSMo 1949, V.A.M.S. The contention is ruled against defendant.”
State v. Euge, 359 S.W.2d 369 (Mo. Ct. App. 1962). “See § 545.830, RSMo 1959, V.A.M.S. The function of a plea in abatement is to bring to the court’s attention matters outside the record which render the indictment or information invalid, State v.”
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