Section 545.890

Title XXXVII CRIMINAL PROCEDURE

Chapter 545

Effective - 28 Aug 1939   

  545.890.  Defendant imprisoned — discharge if not tried before end of second term. — If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to the offense for which he was committed, unless the delay shall happen on the application of the prisoner, or shall be occasioned by the want of time to try the cause at such second term.

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(RSMo 1939 § 4085)

Prior revisions: 1929 § 3696; 1919 § 4040; 1909 § 5246

CROSS REFERENCE:

Imprisonment on extradition warrant, limits, 548.171

(1966) What constitutes laches within meaning of this section as failure of state to justly afford the accused such a speedy hearing and determination of the charge against him as is accorded by the constitution. State v. Amerison (Mo.), 399 S.W.2d 53.

(1969) This section relates to persons indicted or informed against, and not to persons as to whom a complaint only has been filed. State v. Caffey (Mo.), 438 S.W.2d 167.

(1972) Where statute requires discharge of a person indicted and committed to prison if he is not brought to trial within two terms after indictment is filed, the term at which information was filed is not included in the computation. State v. Roach (Mo.), 480 S.W.2d 841.