Missouri § 545.660 When judge deemed incompetent to try case.

Missouri Statutes

§ 545.660 — When judge deemed incompetent to try case.

Missouri § 545.660

Title XXXVIICRIMINAL PROCEDURE

Ch. 545Proceedings Before Trial

This text of Missouri § 545.660 (When judge deemed incompetent to try case.) 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. § 545.660 (2026).

Text

When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause in either of the following cases:

(1)When the judge of the court in which said case is pending is near of kin to the defendant by blood or marriage; or

(2)When the offense charged is alleged to have been committed against the person or property of such judge, or some person near of kin to him by blood or marriage; or

(3)When the judge is in any wise interested or prejudiced, or shall have been counsel in the cause; or

(4)When the defendant shall make and file an affidavit, supported by the affidavit of at least two reputable persons, not of kin to or counsel for the defendant, that the judge of the co

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When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause in either of the following cases:

(1) When the judge of the court in which said case is pending is near of kin to the defendant by blood or marriage; or

(2) When the offense charged is alleged to have been committed against the person or property of such judge, or some person near of kin to him by blood or marriage; or

(3) When the judge is in any wise interested or prejudiced, or shall have been counsel in the cause; or

(4) When the defendant shall make and file an affidavit, supported by the affidavit of at least two reputable persons, not of kin to or counsel for the defendant, that the judge of the court in which said cause is pending will not afford him a fair trial.

Legislative History

(RSMo 1939 § 4037) Prior revisions: 1929 § 3648; 1919 § 3991; 1909 § 5198 (1963) Section held not to disqualify judge from receiving indictment of defendant for assault and beating of judge's daughter with intent to rape. State v. Selle (Mo.), 367 S.W.2d 522.