Effective - 28 Aug 1989
540.110. Foreperson — powers and duties — oath. — The foreperson of every grand jury, from the time of his appointment to his discharge, shall be authorized to administer any oath, declaration or affirmation, in the manner prescribed by law, to any witness who shall appear before such grand jury, for the purpose of giving evidence in any matter cognizable by them. In addition to the usual oath, the foreperson, before such witness shall testify, shall administer to him or her the following oath:
Do you further solemnly swear, or affirm, that you will not after your examination here, directly or indirectly, divulge or make known to any person or persons the fact that this grand jury has or has had under consideration the matters concerning which you shall be examined, or any other fact or thing which may come to your knowledge while before this body, or concerning which you shall here testify, unless lawfully required to testify in relation thereto?
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(RSMo 1939 § 3906, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3517; 1919 § 3862; 1909 § 5070
(1956) In suit for damages against prosecuting attorney and sheriff for extorting money from plaintiff under threat of criminal prosecution, evidence before grand jury of the execution and contents of documents which were lost after presentation to grand jury was admissible. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.
(1956) Trial court must determine whether, under all the circumstances present, and weighing the reasons for secrecy against the present need for disclosure, whether evidence before grand jury may be introduced. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.
(1959) Trial court held to have discretion to order the exhibition to an inspection by the defendant of parts of the grand jury transcript of the testimony of the defendant and of witnesses endorsed on the indictment against him only. State ex rel. Clagett v. James (Mo.), 327 S.W.2d 278.
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 540 - Grand Juries and Their Proceedings
Section 540.031 - Duties of grand jury.
Section 540.045 - Qualifications and exemptions from service.
Section 540.050 - Disqualification of grand juror — new juror summoned.
Section 540.060 - Challenge of grand jurors — grounds.
Section 540.070 - Challenge for other causes not allowed.
Section 540.080 - Oath of grand jurors.
Section 540.090 - Foreperson of grand jury, appointment.
Section 540.100 - Clerk of grand jury, appointment.
Section 540.105 - Reporter to record testimony — oath.
Section 540.106 - Grand jury proceeding to be recorded, when — transcript to defendant.
Section 540.110 - Foreperson — powers and duties — oath.
Section 540.120 - Penalty for violation of oath.
Section 540.130 - Prosecuting or circuit attorney to attend.
Section 540.140 - Rights and privileges of prosecuting or circuit attorney.
Section 540.150 - Interpreter — appointment — oath.
Section 540.160 - Grand jury entitled to process — exception.
Section 540.170 - Subpoenas in vacation, when issued.
Section 540.180 - Compulsory process, when issued.
Section 540.190 - Refusal to testify — proceedings.
Section 540.200 - Witness may be compelled to testify.
Section 540.210 - Continued refusal to testify — proceedings.
Section 540.220 - Grand juror as witness, when.
Section 540.230 - Indictment of grand juror — proceedings.
Section 540.240 - Bills of indictment.
Section 540.250 - True bill — concurrence by nine grand jurors.
Section 540.260 - Indictment not a true bill, when.
Section 540.270 - Indictments — presented to court — filed.
Section 540.300 - Grand jurors required to testify, when.
Section 540.310 - Cannot be compelled to disclose vote.
Section 540.320 - Grand juror not to disclose evidence — penalty.