Missouri § 545.890 Defendant imprisoned — discharge if not tried before end of second term.

Missouri Statutes

§ 545.890 — Defendant imprisoned — discharge if not tried before end of second term.

Missouri § 545.890

Title XXXVIICRIMINAL PROCEDURE

Ch. 545Proceedings Before Trial

This text of Missouri § 545.890 (Defendant imprisoned — discharge if not tried before end of second term.) 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. § 545.890 (2026).

Text

If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to the offense for which he was committed, unless the delay shall happen on the application of the prisoner, or shall be occasioned by the want of time to try the cause at such second term.

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If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to the offense for which he was committed, unless the delay shall happen on the application of the prisoner, or shall be occasioned by the want of time to try the cause at such second term.

Legislative History

(RSMo 1939 § 4085) Prior revisions: 1929 § 3696; 1919 § 4040; 1909 § 5246 Imprisonment on extradition warrant, limits, 548.171 (1966) What constitutes laches within meaning of this section as failure of state to justly afford the accused such a speedy hearing and determination of the charge against him as is accorded by the constitution. State v. Amerison (Mo.), 399 S.W.2d 53. (1969) This section relates to persons indicted or informed against, and not to persons as to whom a complaint only has been filed. State v. Caffey (Mo.), 438 S.W.2d 167. (1972) Where statute requires discharge of a person indicted and committed to prison if he is not brought to trial within two terms after indictment is filed, the term at which information was filed is not included in the computation. State v. Roach (Mo.), 480 S.W.2d 841.