106.260. Appointment of special sheriff. - Missouri Statutes

Appointment of special sheriff.

106.260. In any proceedings instituted under the provisionsof sections 106.220 to 106.290, the attorney general, prosecutingattorney or special prosecutor appointed by the court may filewith the clerk of the circuit court an affidavit that he believesthe sheriff of said county is disqualified from summoning a fairand impartial jury for the trial of said cause, by reason of thefact that he is related to the defendant, or is interested orprejudiced in his favor to such an extent that he will not, inthe opinion of said attorney general, prosecuting attorney orspecial prosecutor, summon a fair and impartial jury, and thejudge may, in his discretion, thereupon make an orderdisqualifying said sheriff from summoning the jury in said cause,and appoint an elisor, who shall have the same power as thesheriff in the summoning of the jury, and perform the duties ofthe sheriff in the trial of said cause; provided, that in casethe said proceeding shall be against the sheriff of any county,the judge shall make an order disqualifying him, and appoint anelisor for the summoning of the jury and performing the duties ofthe office of the sheriff for the trial of said cause.

(RSMo 1939 § 12832)

Prior revisions: 1929 § 11206; 1919 § 9179; 1909 § 10208