540.160. Grand jury entitled to process--exception. - Missouri Statutes

Grand jury entitled to process--exception.

540.160. Whenever thereto required by any grand jury, or theforeperson thereof, or by the prosecuting or circuit attorney,the clerk of the court in which such jury is impaneled shallissue subpoenas and other process to bring witnesses to testifybefore such grand jury. After the finding and returning of anyindictment by the grand jury, such foreperson, prosecuting orcircuit attorney, or jury, shall not have the right to cause anysubpoena or other process to be issued for any person who isknown or believed by such foreperson, prosecuting or circuitattorney or jury to be a witness in behalf of the person orpersons so indicted, or who has been subpoenaed as a witness inbehalf of such person or persons, or who such foreperson,prosecuting or circuit attorney or jury may have reason tobelieve will be summoned as a witness in behalf of such person orpersons, in regard to the matter or matters charged against suchperson or persons in such indictment, except upon the writtenorder of the judge of the court into which such indictment isreturned.

(RSMo 1939 § 3914, A.L. 1989 S.B. 127, et al.)

Prior revisions: 1929 § 3525; 1919 § 3870; 1909 § 5078

(1953) Subpoena issued by court at request of prosecuting attorney, requiring production of records before grand jury and returnable at time grand jury was not in session and at time when matters affected by such records were not under grand jury investigation, was void both under the statutes and constitution of this state. State ex rel. Burke v. Scott, 364 Mo. 443, 262 S.W.2d 614.