Section 540.105

Title XXXVII CRIMINAL PROCEDURE

Chapter 540

Effective - 28 Aug 1989   

  540.105.  Reporter to record testimony — oath. — An official reporter of the circuit court, when directed by the judge thereof, shall take down and transcribe for the use of the prosecuting or circuit attorney any or all evidence given before the grand jury.  Before taking down any such evidence, however, such reporter shall be sworn by the foreperson of such grand jury not to divulge any of the proceedings or testimony before the grand jury or the names of any witnesses except to the prosecuting or circuit attorney or to any attorney lawfully assisting him in the prosecution of an indictment brought by such grand jury.

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(L. 1951 p. 460, A.L. 1989 S.B. 127, et al.)

(1956) In suit for damages against prosecuting attorney and sheriff for extorting money from plaintiff under threat of criminal prosecution, evidence before grand jury of the execution and contents of documents which were lost after presentation to grand jury was admissible.  Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.