545.910. When state not entitled to further continuance. — If, when application is made for the discharge of a defendant under either section 545.890 or 545.900, the court shall be satisfied there is material evidence on the part of the state which cannot then be had, that reasonable exertions have been made to procure the same, and that there is just ground to believe that such evidence can be had at the succeeding term, the cause may be continued to the next term, and the prisoner remanded or admitted to bail, as the case may require. If the defendant shall not be tried before the end of the term last mentioned, the state shall not be entitled to any further continuance of the case, and the prisoner shall, if he require it, be discharged.
Notes of Decisions
Cited in
5
cases, 1967–1973 · leading case:
State v. Morton, 444 S.W.2d 420 (Mo. 1969).
State v. Morton, 444 S.W.2d 420 (Mo. 1969).
· cites it 3× “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 end of such third and fourth terms be governed by the provisions of § 545.910. Section 545.900 provides for three…”
State v. Murray, 445 S.W.2d 296 (Mo. 1969).
· cites it 2× “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 discharge shall, at the end of such third and fourth terms, be governed by the provisions of section 545.910.” In State v.…”
State v. Brown, 502 S.W.2d 295 (Mo. 1973).
“890, § 545.910 and § 545.920, RSMo 1969, (2) because he was denied his constitutional right to a speedy trial, and (3) because “as contrasted with other persons not charged with a crime, or those charged but who have not been found to have a mental disease or defect who have not…”
State v. Barlish, 421 S.W.2d 558 (Mo. Ct. App. 1967).
· cites it 2× “-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 discharge shall, at the end of such third and fourth terms, be governed by the provisions of section 545.”
Cruces v. State, 452 S.W.2d 180 (Mo. 1970).
“That motion did not mention any matter with respect to the erroneous entry of the clerk. Thereafter, the present amended motion presented the matter of correcting the record, and appellant has had a full consideration of the issues he raises as to the nunc pro tunc entry.”
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.