☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 544

< > Effective - 28 Aug 1939 bottom

  544.370.  Homicide, written evidence. — In all cases of homicide, but in no other, the evidence given by the several witnesses shall be reduced to writing by the associate circuit judge, or under his direction, and shall be signed by the witnesses respectively.

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(RSMo 1939 § 3870)

Prior revisions: 1929 § 3480; 1919 § 3825; 1909 § 5033

(1963) Admission in evidence in murder prosecution of transcript of testimony of deceased's widow at preliminary hearing which was not signed by witness nor certified by the magistrate to the circuit court was reversible error where the testimony in connection with other state's evidence conflicted with defendant's evidence. State v. Luttrell (Mo.), 366 S.W.2d 453.

(1966) As there is no constitutional requirement that there be a transcript of the testimony in a preliminary hearing, nor even a constitutional requirement that a preliminary hearing be held, defendant had no constitutional right to have a transcript of preliminary hearing. State v. Maxwell (Mo.), 400 S.W.2d 156.


---- end of effective  28 Aug 1939 ----

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