106.230. Complaint against officer--duty of prosecuting attorney. - Missouri Statutes

Complaint against officer--duty of prosecuting attorney.

106.230. When any person has knowledge that any officialmentioned in section 106.220 has failed, personally, to devotehis time to the performance of the duties of such office, or hasbeen guilty of any willful, corrupt or fraudulent violations orneglect of any official duty, or has knowingly or willfullyfailed or refused to perform any official act or duty which bylaw it was his duty to do or perform with respect to theexecution or enforcement of the criminal laws of this state, hemay make his affidavit before any person authorized to administeroaths, setting forth the facts constituting such offense and filethe same with the clerk of the court having jurisdiction of theoffense, for the use of the prosecuting attorney or deposit itwith the prosecuting attorney, furnishing also the names ofwitnesses who have knowledge of the facts constituting suchoffense; and it shall be the duty of the prosecuting attorney,if, in his opinion, the facts stated in said affidavit justifythe prosecution of the official charged, to file a complaint inthe circuit court as soon as practicable upon such affidavit,setting forth in plain and concise language the charge againstsuch official, or the prosecuting attorney may file suchcomplaint against such official upon his official oath and uponhis own affidavit.

(RSMo 1939 § 12829)

Prior revisions: 1929 § 11203; 1919 § 9176; 1909 § 10205