540.110. Foreperson--powers and duties--oath. - Missouri Statutes

Foreperson--powers and duties--oath.

540.110. The foreperson of every grand jury, from the timeof his appointment to his discharge, shall be authorized toadminister any oath, declaration or affirmation, in the mannerprescribed by law, to any witness who shall appear before suchgrand jury, for the purpose of giving evidence in any mattercognizable by them. In addition to the usual oath, theforeperson, before such witness shall testify, shall administerto him or her the following oath:

Do you further solemnly swear, or affirm, that you will notafter your examination here, directly or indirectly, divulge ormake known to any person or persons the fact that this grand juryhas or has had under consideration the matters concerning whichyou shall be examined, or any other fact or thing which may cometo your knowledge while before this body, or concerning which youshall here testify, unless lawfully required to testify inrelation thereto?

(RSMo 1939 § 3906, A.L. 1989 S.B. 127, et al.)

Prior revisions: 1929 § 3517; 1919 § 3862; 1909 § 5070

(1956) In suit for damages against prosecuting attorney and sheriff for extorting money from plaintiff under threat of criminal prosecution, evidence before grand jury of the execution and contents of documents which were lost after presentation to grand jury was admissible. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.

(1956) Trial court must determine whether, under all the circumstances present, and weighing the reasons for secrecy against the present need for disclosure, whether evidence before grand jury may be introduced. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.

(1959) Trial court held to have discretion to order the exhibition to an inspection by the defendant of parts of the grand jury transcript of the testimony of the defendant and of witnesses endorsed on the indictment against him only. State ex rel. Clagett v. James (Mo.), 327 S.W.2d 278.