Effective - 28 Aug 1939
545.280. Prosecuting witness, who deemed. — When the information is based on an affidavit filed with the clerk or delivered to the prosecuting attorney, as provided for in section 545.250, the person who made such affidavit shall be deemed the prosecuting witness, and in all cases in which by law an indictment is required to be endorsed by a prosecutor, the person who makes the affidavit upon which the information is based, or who verifies the information, shall be deemed the prosecutor; and in case the prosecution shall fail from any cause, or the defendant shall be acquitted, such prosecuting witness or prosecutor shall be liable for the costs in the case not otherwise adjudged by the court, but the prosecuting attorney shall not be liable for costs in any case.
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(RSMo 1939 § 3900)
Prior revisions: 1929 § 3510; 1919 § 3855; 1909 § 5063
(1967) Court Rule 29.01 expands the requirement of section 545.280 and imposes the duty upon the court to advise a defendant, upon arraignment, of his right to counsel and upon request to appoint counsel for an indigent defendant. State v. Maxwell (Mo.), 411 S.W.2d 237.
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 545 - Proceedings Before Trial
Section 545.015 - Definitions.
Section 545.020 - Recovery of fine or forfeiture, how.
Section 545.030 - Indictments and informations, when valid.
Section 545.040 - Indictments signed by whom.
Section 545.050 - Name of prosecutor on indictment, when.
Section 545.060 - Indictment to have name of prosecutor — by whom made — effect of failure.
Section 545.070 - Names of witnesses must be affixed to indictment.
Section 545.080 - Indictments, when not to be made public.
Section 545.090 - Judges and others forbidden to disclose finding of indictment.
Section 545.100 - Officer may make disclosure, when.
Section 545.110 - Second indictment suspends first, when.
Section 545.130 - Different degrees of same offense may be incorporated.
Section 545.150 - Indictments in relation to property belonging to several owners.
Section 545.160 - Venue, how stated.
Section 545.170 - Intent to injure or defraud, how charged.
Section 545.180 - Certain indictments, what designation sufficient.
Section 545.190 - Identification of counterfeiting equipment.
Section 545.200 - Instruments, how described.
Section 545.210 - Money or note, how described.
Section 545.220 - Demurrer or motion to quash indictment must specify grounds.
Section 545.230 - Indictment by wrong name.
Section 545.240 - Informations — how filed, verified.
Section 545.250 - Who may make affidavit.
Section 545.260 - Lost affidavit, how replaced.
Section 545.270 - Form of information.
Section 545.280 - Prosecuting witness, who deemed.
Section 545.290 - Statute of jeofails applicable to proceedings by information.
Section 545.300 - Informations — amendment — substitution for defective indictment.
Section 545.310 - Issuance of warrant — recognizance after arrest.
Section 545.320 - Issuance of subpoenas for state witnesses.
Section 545.330 - Issuance of subpoenas for defense witnesses.
Section 545.340 - Disobedience to subpoena, how punished.
Section 545.350 - Tender of fees not necessary.
Section 545.360 - Law governing witnesses in civil cases to apply.
Section 545.370 - Witness to attend until end of case — consequences of failure to so attend.
Section 545.380 - Defense witnesses — commission to take deposition, when.
Section 545.390 - Depositions to be taken and read as in civil cases.
Section 545.400 - Conditional examination of witnesses.
Section 545.410 - Duty of prosecuting attorney in taking depositions.
Section 545.420 - Indictment against judge to be removed to another circuit.
Section 545.430 - Change of venue may be granted defendant.
Section 545.440 - Change of venue in counties where court held at more than one place.
Section 545.450 - When case may be removed to another circuit.
Section 545.460 - Removal to be made on application of defendant.
Section 545.470 - Application for change of venue, when made.
Section 545.473 - Cole County, change of venue, procedure.
Section 545.480 - Additional affidavit, when made.
Section 545.490 - Petition for change of venue must be proved and may be rebutted.
Section 545.500 - Order for removal shall specify what.
Section 545.510 - Order for removal, where entered.
Section 545.520 - Recognizance to be given.
Section 545.530 - Who may take recognizance.
Section 545.540 - Order for removal void, unless bail given.
Section 545.550 - Defendant in custody, to be removed, when — which county jail to house defendant.
Section 545.560 - Duty of sheriff.
Section 545.570 - In case of removal, transcript of record to be made.
Section 545.580 - Transcript to be filed.
Section 545.590 - Lost transcript may be replaced.
Section 545.600 - Witnesses to attend trial in cases of removal.
Section 545.610 - In case of removal, when notice to be given.
Section 545.620 - Costs, how taxed and paid.
Section 545.630 - Clerk, when liable to civil action.
Section 545.640 - Change of venue for one not to affect other defendants.
Section 545.650 - Change of venue and disqualification of judges in multiple-judge circuits.
Section 545.660 - When judge deemed incompetent to try case.
Section 545.690 - Another circuit judge may sit, when.
Section 545.700 - Adjourned term held, when.
Section 545.710 - Continuances, when and how granted.
Section 545.720 - Contents of affidavit.
Section 545.730 - Continuances on behalf of state, how obtained.
Section 545.740 - Witnesses to enter into recognizance, when.
Section 545.790 - Cause continued, when.
Section 545.800 - Copy of indictment or information furnished accused on request.
Section 545.810 - Defendant granted reasonable time to plead.
Section 545.820 - Court shall assign prisoner counsel, when.
Section 545.830 - Dilatory pleas, when entertained.
Section 545.840 - Matters pleaded occurring in another county.
Section 545.850 - Special term of court.
Section 545.860 - If prisoner bailed, no special term.
Section 545.870 - Prosecuting attorney to be notified, when.
Section 545.890 - Defendant imprisoned — discharge if not tried before end of second term.
Section 545.900 - Defendant on bail — discharged if not tried before end of third term.
Section 545.910 - When state not entitled to further continuance.
Section 545.920 - When defendant not entitled to discharge.
Section 545.930 - Endorsement or signature of pleadings in criminal cases.