Section 545.490

Title XXXVII CRIMINAL PROCEDURE

Chapter 545

Effective - 28 Aug 1939   

  545.490.  Petition for change of venue must be proved and may be rebutted. — The petition of the applicant for a change of venue shall set forth the facts or grounds upon which such change is sought, and such petition shall be supported by the affidavit of petitioner and the affidavit of at least two credible disinterested citizens of the county where said cause is pending and the truth of the allegations thereof shall be proved, to the satisfaction of the court, by legal and competent evidence, and the prosecuting attorney may in such case offer evidence in rebuttal of that submitted in support of such application; the court, or judge in vacation, shall fix the number of witnesses for which the state or county may be liable; provided, in all cases in counties in this state which now have or may hereafter have a population of less than seventy-five thousand inhabitants if such petition for change of venue is supported by the affidavits of five or more credible disinterested citizens residing in different neighborhoods of the county where said cause is pending, then the court or judge in vacation, shall grant such change of venue, as of course, without additional proof; provided further, that reasonable previous notice of such application shall in all cases be given to the prosecuting attorney; and provided further, that if the facts alleged as the ground of the application be within the knowledge of the court or judge, he may order such removal of the cause without any formal proof or the filing of affidavit; and provided further, that if the application shall allege prejudice of the inhabitants of more than one county in the circuit in which the case is pending, the court may, upon proof of the allegations as herein provided for, order the case sent to some county in the same or some other circuit where such causes do not exist.

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(RSMo 1939 § 4019)

Prior revisions: 1929 § 3630; 1919 § 3973; 1909 § 5180

(1955) Where affidavit for change of venue, directed against inhabitants of both H. and O. counties, and filed in H.  County, was sustained as to H. but overruled as to O. County and case was sent to O. County, it was held that court properly found from evidence that failure to give notice of application as to prejudice in O. County was not waived. State v. Atkinson (Mo.), 285 S.W.2d 563.

(1963) Defendant may not allege in his application that prejudice exists in multiple circuit. State v. Brookshire (Mo.), 368 S.W.2d 373.

(1963) Court did not abuse its discretion in overruling application for change of venue from Jasper County to Lawrence County in forcible rape case where record did not show that case was not as fully reported by newspapers, television, and radio in Lawrence County and throughout the state as in Jasper County and did not show bias and prejudice of inhabitants of Jasper County. State v. Odom (Mo.), 369 S.W.2d 173.

(1965) Affidavits alleging defendant would not receive a fair trial in county must state facts and not mere conclusions.  State v. Martin (Mo.), 395 S.W.2d 97.