311.770. Duty of prosecuting attorney--failure to perform. - Missouri Statutes

Duty of prosecuting attorney--failure to perform.

311.770. 1. In case the existence of any place whereintoxicating liquors are manufactured or sold in violation of lawis disclosed in any criminal proceedings, it shall be the duty ofthe prosecuting attorney to proceed promptly to enforce theprovisions of this law against such place as a nuisance.

2. In any affidavit, information or indictment for theviolation of this law, separate offenses may be united inseparate counts and the defendant may be tried on all of theseparate offenses at one trial and the cumulative penalty foreach offense may be imposed by the courts. It shall not benecessary in any affidavit, information or indictment to give thename of the purchaser or to include any defensive negativeaverments, but it shall be sufficient to state that the actcomplained of was then and there prohibited and unlawful.

3. Whenever any prosecuting attorney shall be unable orshall neglect, fail or refuse to enforce any of the provisions ofthis chapter, or for any reason whatsoever, the provisions ofthis chapter shall not be enforced in any county in this state,it shall be the duty of the attorney general of the state toenforce the same in such county, and for that purpose, he mayappoint as many assistants as he shall deem necessary, and he andhis assistants shall be authorized to sign, verify and file, allsuch complaints, affidavits, petitions, informations, indictmentsand papers as the prosecuting attorney is authorized to sign,verify or file, and to do and perform any act that theprosecuting attorney might lawfully do or perform.

(RSMo 1939 § 4946)