☰ Revisor of Missouri


Effective - 27 Feb 1945, see footnote    bottom

  I Section 17.  Indictments and informations in criminal cases — exceptions. — That no person shall be prosecuted criminally for felony or misdemeanor otherwise than by indictment or information, which shall be concurrent remedies, but this shall not be applied to cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger, nor to prevent arrests and preliminary examination in any criminal case.


Source: Const. of 1875, Art. II, § 12 (Amended November 6, 1900), and Sch. of 1875 and § 17.

(1961) Provision authorizing prosecution of felony in state courts by information or indictment is not violative of Amendments V and XIV of the Federal Constitution. State v. Cooper (Mo.), 344 S.W.2d 72; Cert. denied 368 U.S. 855, 82 S.Ct. 91.

(1964) Failure to furnish defendant in prosecution for first degree robbery with free depositions was not a violation of his constitutional rights. State v. Aubuchon (Mo.), 381 S.W.2d 807.

(1964) Refusal by court to require production of police report and statement made to warrant office by police officer was not abuse of discretion and violation of defendant's constitutional rights where there was no showing that report or statement was of such nature that without it defendant's trial would be fundamentally unfair. State v. Aubuchon (Mo.), 381 S.W.2d 807.

(1964) The constitutional limitations upon search and seizure apply only to the owner or one in possession of the premises and defendant could not raise the question of an illegal search of someone else's property. State v. Worley (Mo.), 383 S.W.2d 529.

(1967) Provisions of the fifth amendment to the federal constitution that no person shall be held to answer for a capital crime unless on a presentment or indictment of a grand jury does not apply to state procedure, and prosecution may be either by indictment or information. State v. Crump (Mo.), 412 S.W.2d 490.

(2008) Section is violated when signature modus operandi corroboration evidence is offered and admitted; such evidence is an unlawful means to admitting propensity evidence. State v. Vorhees, 248 S.W.3d 585 (Mo.banc).

---- end of effective  27 Feb 1945 ----

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