Section 58.190

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 58

Effective - 28 Aug 1939   

  58.190.  To execute process when sheriff disqualified. — Every coroner, within the county for which he is elected or appointed, shall serve and execute all writs and precepts, and perform all other duties of the sheriff, when the sheriff shall be a party, or when it shall appear to the court out of which the process shall issue, or to the clerk thereof, in vacation, that the sheriff is interested in the suit, related to or prejudiced against any party thereto, or in any wise disqualified from acting; in such case, the county commission may require the coroner to give an additional bond.

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(RSMo 1939 § 13144)

Prior revisions: 1929 § 11524; 1919 § 11648; 1909 § 11218

(1964) Where defendant made oral motion to quash jury panel on ground it was summoned by sheriff who was prosecuting witness for the first time on the day of trial, and in view of fact that it was the regular venire selected by the jury commission and defendant conceded no wrongdoing of sheriff in summoning the jury, and in view of fact that defendant waited until the last minute and venire panel was in attendance, it was not error for court to overrule motion to quash but court's calling the panel into the box without having them summoned or resummoned by the coroner was error. State v. Parker (A.), 378 S.W.2d 274.

(1968) Sheriff who was candidate in election under contest was not qualified to serve summons on contestee and attempted service was insufficient to confer jurisdiction. Jones v. Buckley (Mo.), 425 S.W.2d 204.

(1973) Held that jury panel summoned by coroner where sheriff was "interested" in case should not be quashed because some of jurors summoned by coroner were the same persons formerly summoned by the sheriff for the regular jury panel.  State v. Lawson (A.), 501 S.W.2d 176.