Missouri § 545.010 Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.

Missouri Statutes

§ 545.010 — Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.

Missouri § 545.010

Title XXXVIICRIMINAL PROCEDURE

Ch. 545Proceedings Before Trial

This text of Missouri § 545.010 (Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 545.010 (2026).

Text

All felonies shall be prosecuted by indictment or information, except in cases arising in the land, air or naval forces, or in the militia as provided in sections 40.005 to 40.490 ; and all misdemeanors shall be prosecuted by indictment or by information in the courts having jurisdiction thereof.  But that mode of procedure which shall be first instituted by the filing of the indictment or information for any offense shall be pursued to the exclusion of the other, so long as the same shall be pending and undetermined; and the court in which the prosecution shall be first commenced by the filing therein of the indictment or information, and the issuing of a warrant thereon, shall retain jurisdiction and control of the cause to the exclusion of any other court so long as the same shall be pe

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All felonies shall be prosecuted by indictment or information, except in cases arising in the land, air or naval forces, or in the militia as provided in sections 40.005 to 40.490 ; and all misdemeanors shall be prosecuted by indictment or by information in the courts having jurisdiction thereof. But that mode of procedure which shall be first instituted by the filing of the indictment or information for any offense shall be pursued to the exclusion of the other, so long as the same shall be pending and undetermined; and the court in which the prosecution shall be first commenced by the filing therein of the indictment or information, and the issuing of a warrant thereon, shall retain jurisdiction and control of the cause to the exclusion of any other court so long as the same shall be pending and undisposed of; provided, that misdemeanors for violation of general laws of this state shall in no case be prosecuted in any police or recorder's court, any provision of any special city charter to the contrary notwithstanding; provided, that the last mentioned provision of this section shall only apply to cities having a population of not less than fifty thousand and not exceeding three hundred thousand inhabitants.

Legislative History

(RSMo 1939 § 3892, A.L. 1984 H.B. 1035) Prior revisions: 1929 § 3502; 1919 § 3847; 1909 § 5055 Liquor laws, indictment for violation to contain what, 311.770 Preliminary examination required, when, 544.250 Prosecutions by indictment or information, Const. Art. I § 17 (1984) Filing of a complaint in circuit court charging defendant with capital murder did not give defendant a constitutional right to a preliminary hearing if the prosecution chose to seek an indictment by grand jury for the same crime. State v. Thomas (Mo.App.E.D.), 674 S.W.2d 131.