Section 545.010

Title XXXVII CRIMINAL PROCEDURE

Chapter 545

Effective - 28 Aug 1984   

  545.010.  Felonies and misdemeanors may be prosecuted by indictment or information, exceptions. — All felonies shall be prosecuted by indictment or information, except in cases arising in the land, air or naval forces, or in the militia as provided in sections 40.005 to 40.490; and all misdemeanors shall be prosecuted by indictment or by information in the courts having jurisdiction thereof.  But that mode of procedure which shall be first instituted by the filing of the indictment or information for any offense shall be pursued to the exclusion of the other, so long as the same shall be pending and undetermined; and the court in which the prosecution shall be first commenced by the filing therein of the indictment or information, and the issuing of a warrant thereon, shall retain jurisdiction and control of the cause to the exclusion of any other court so long as the same shall be pending and undisposed of; provided, that misdemeanors for violation of general laws of this state shall in no case be prosecuted in any police or recorder's court, any provision of any special city charter to the contrary notwithstanding; provided, that the last mentioned provision of this section shall only apply to cities having a population of not less than fifty thousand and not exceeding three hundred thousand inhabitants.

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(RSMo 1939 § 3892, A.L. 1984 H.B. 1035)

Prior revisions: 1929 § 3502; 1919 § 3847; 1909 § 5055

CROSS REFERENCES:

Liquor laws, indictment for violation to contain what, 311.770

Preliminary examination required, when, 544.250

Prosecutions by indictment or information, Const. Art. I § 17

(1984) Filing of a complaint in circuit court charging defendant with capital murder did not give defendant a constitutional right to a preliminary hearing if the prosecution chose to seek an indictment by grand jury for the same crime. State v. Thomas (Mo.App.E.D.), 674 S.W.2d 131.