Section 550.090

Title XXXVII CRIMINAL PROCEDURE

Chapter 550

Effective - 02 Jan 1979, 2 histories, see footnote   (history) 

  550.090.  Prosecutor to pay costs, when. — When the proceedings are prosecuted before any associate circuit judge, at the instance of the injured party, for the disturbance of the peace of a person, or for libel or slander, or for any trespass against the person or property of another, not amounting to a felony, except for petit larceny, the name of such injured party shall be entered by the associate circuit judge on his record as a prosecutor; and if the defendant shall be discharged or acquitted, such prosecutor shall be adjudged to pay the costs not otherwise adjudged; and in every other case of acquittal, if the associate circuit judge or jury trying the case shall state in the finding that the prosecution was malicious or without probable cause, the associate circuit judge shall enter judgment for costs against the prosecution or party at whose instance the information was filed, and shall issue execution therefor; but in no case shall the prosecuting attorney be liable for costs. In other cases of discharge or acquittal the costs shall be paid by the county, except when the prosecution is commenced by complaint and the prosecuting attorney declines to file information thereon, in which case the proceedings shall be dismissed at the cost of the party filing the complaint.

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(RSMo 1939 § 3834, A.L. 1945 p. 750 § 27, A.L. 1978 H.B.  1634)

Prior revisions: 1929 § 3444; 1919 § 3789; 1909 § 4997

Effective 1-2-79