Section 544.250

Title XXXVII CRIMINAL PROCEDURE

Chapter 544

Effective - 02 Jan 1979, see footnote   

  544.250.  Preliminary hearing, when required — release, when, what conditions. — No prosecuting or circuit attorney in this state shall file any information charging any person or persons with any felony, until such person or persons shall first have been accorded the right of a preliminary examination before some associate circuit judge in the county where the offense is alleged to have been committed in accordance with this chapter.  And if upon such hearing the associate circuit judge shall determine that the alleged offense is one on which the accused may be released, the associate circuit judge may release him as provided in section 544.455 conditioned for his appearance at a time certain before a circuit judge, or associate circuit judge who is specially assigned, and thereafter as directed by the court to answer such charges as may be preferred against him, abide sentence and judgment therein, and not to depart the court without leave; provided, a preliminary examination shall in no case be required where same is waived by the person charged with the crime, or in any case where an information has been substituted for an indictment as authorized by section 545.300.

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(RSMo 1939 § 3893, A.L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3503; 1919 § 3848; 1909 § 5056

Effective 1-02-79

(1955) Where instrument meeting requirements of information in felony case was filed in magistrate court, it would likely be sufficient as complaint, but, in absence of the filing of an information in circuit court after accused waived preliminary hearing, circuit court had no jurisdiction. State v. McQueen (Mo.), 282 S.W.2d 539.

(1960) Although evidence at preliminary hearing may have been scanty it was sufficient and in any event objections based on such insufficiency would not deprive circuit court of jurisdiction of the principal cause and its trial. State v. Hester (Mo.), 331 S.W.2d 535.

(1971) Prosecutor has no authority to file an information charging a felony until a magistrate has found that a felony was committed and there was probable cause to believe the prisoner guilty thereof, and, where information substantially varied from complaint, prohibition would lie to prevent prosecution in Circuit Court. State ex rel. Buresh v. Adams (Mo.), 468 S.W.2d 18.

(1977) Where complaint charged first degree murder by strangulation, and information charged second degree murder by strangulation and skull fracture, there was not a substantial departure from the complaint. State v. Clark (A.), 546 S.W.2d 455.