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Title XXXVII CRIMINAL PROCEDURE

Chapter 545

previous next Effective - 28 Aug 1939bottom

  545.020.  Recovery of fine or forfeiture, how. — Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding another or different remedy for the recovery of the same may be specified in the law imposing the fine, penalty or forfeiture; provided, that in all cases the fine, penalty or forfeiture shall go to the state, county, corporation, person or persons to whom the law imposing the same declares it shall accrue.

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(RSMo 1939 § 4860)

Prior revisions: 1929 § 4467; 1919 § 3708; 1909 § 4919

CROSS REFERENCE:

Trespass, penalties and damages may be recovered by indictment or information, 537.370

(1967) Where a continuance is granted upon the defendant's application, or because of some other action on his part, or upon the order of the court, not requested by the state, it is not a ground for discharge under the statute. Where a case is not tried at one or more terms, and the record is completely silent as to the reason why it was not tried, it is presumed, in the absence of proof to the contrary, that the failure of the state to try the case during such term or terms, was not due to laches on the part of the state. State v. Barlish (A.), 421 S.W.2d 558.


---- end of effective   28 Aug 1939 ----

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