Missouri Revised Statutes

Mo. Rev. Stat. § 545.900 (2026)

Defendant on bail

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  545.900.  Defendant on bail — discharged if not tried before end of third term. — If any person indicted for any offense, and held to answer on bail, shall not be brought to trial before the end of the third term of the court in which the cause is pending which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to such offense, unless the delay happened on his application, or be occasioned by the want of time to try such cause at such third term.

­­--------

(RSMo 1939 § 4086)

Prior revisions: 1929 § 3697; 1919 § 4041; 1909 § 5247

(1953) The right to a discharge under §§ 545.890 to 545.920 does not involve a jurisdictional question and may be waived.  If asserted it is a matter for hearing and disposition in the trial court in the nature of an interlocutory proceeding. Such right cannot be asserted in habeas corpus proceeding. Osborne v. Owsley, 364 Mo. 544, 259 S.W.2d 129.

(1967) Where a continuance is granted upon the defendant's application, or because of some other action on his part, or upon the order of the court, not requested by the state, it is not a ground for discharge under the statute. Where a case is not tried at one or more terms, and the record is completely silent as to the reason why it was not tried, it is presumed, in the absence of proof to the contrary, that the failure of the state to try the case during such term or terms was not due to laches on the part of the state. State v. Barlish (A.), 421 S.W.2d 558.

(1968) This section does not apply if trial is delayed through no fault of the state. State v. Mace (Mo.), 427 S.W.2d 507.

Notes of Decisions
Cited in 11 cases, 1961–1979 · leading case: State v. Harper, 473 S.W.2d 419 (Mo. 1971).
State v. Harper, 473 S.W.2d 419 (Mo. 1971). · cites it 12× “, his specific reliance is upon §§ 545.900 and 545.920. The first mentioned section reads as follows: "If any person indicted for any offense, and held to answer on bail, shall not be brought to trial before the end of the third term of the court in which *422 the cause is…”
State v. Black, 587 S.W.2d 865 (Mo. Ct. App. 1979). · cites it 2× “After an additional 4 month delay, caused in part by defendant’s change in counsel and his disqualification of the original trial judge, defendant’s trial began on September 1, 1977. 2 During the discussion immediately prior to trial, defendant renewed his motion to dismiss,…”
State v. Werbin, 345 S.W.2d 103 (Mo. 1961). · cites it 5× “He has appealed from the judgment rendered in accordance with the verdict, contending that the court erred: (1) in denying his motion for discharge for failure of the State to bring his case to trial before the end of the fourth term of court as provided in Sections 545.900,…”
State v. Morton, 444 S.W.2d 420 (Mo. 1969). · cites it 3× “890 until the end of the third term after the indictment was found, and under the circumstances mentioned in § 545.900 the defendant shall not be discharged until the end of the fourth term after the indictment was found, and in either case the matter of discharge shall at the…”
State v. Murray, 445 S.W.2d 296 (Mo. 1969). · cites it 2× “890 until the end of the third term after the indictment was found, and under the circumstances mentioned in section 545.900, the defendant shall not be entitled to be discharged until the end of the fourth term after the indictment was found, and in either case the matter of…”
State v. West, 484 S.W.2d 191 (Mo. 1972). · cites it 2× “Under § 545.900 any person informed against and held to answer on bail must be brought to trial before the end of the third term after information filed, or else he is entitled to be discharged, unless the delay happens on his application or is occasioned by want of time to try…”
State v. Williams, 554 S.W.2d 524 (Mo. Ct. App. 1977). “With regard to the latter statute and § 545.900, the supreme court in State v. Harper, 473 S.”
State v. Mace, 427 S.W.2d 507 (Mo. 1968). · cites it 5× “The issue, then, is appellant’s charge that the court erred in denying his application for discharge for failure of the state to bring his case to trial before the end of the fourth term of court under Sections 545.900 and 545.920 V.A.M.S., relating to discharge of defendants,…”
State v. Thompson, 414 S.W.2d 261 (Mo. 1967). “1099 , the defendant had been indicted for murder and subsequently had been released and discharged under a section of the statute (the predecessor of present § 545.900) by reason of the fact that three terms had expired without a trial when the delay was not excused under the…”
State v. Cook, 530 S.W.2d 38 (Mo. Ct. App. 1975). · cites it 2× “His claimed relief is based on §§ 545.900, 545.920 and 545.780. A hearing was held on defendant’s motion to dismiss the information on this ground prior to the commencement of his trial.”
State v. Turner, 462 S.W.2d 723 (Mo. 1971). “§§ 545.900 and 545.920, RSMo 1969, V.A.M.”
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.