544.320. Adjournment of hearing by associate circuit judge--release of prisoner, when, what conditions. - Missouri Statutes

Adjournment of hearing by associate circuit judge--release ofprisoner, when, what conditions.

544.320. An associate circuit judge may adjourn anexamination of a prisoner pending before himself, from time totime as occasion requires, not exceeding twenty-one days at onetime, and to the same or any different place in the county, as hedeems necessary; and for the purpose of enabling the prisoner orprosecuting attorney to procure the attendance of witnesses, orfor other good and sufficient cause shown by said prisoner orprosecuting attorney, said associate circuit judge shall allowsuch an adjournment on the motion of the prisoner or prosecutingattorney. In the meantime, if the party is charged with anoffense not bailable he shall be committed; otherwise he may bereleased as provided in section 544.455 for his appearance,before such associate circuit judge or before any associatecircuit judge who may be authorized to hear the matter, for suchfurther examination, and not to depart without leave of thecourt, and for want of such recognizance he shall be committed;provided that the associate circuit judge shall continue thecause in excess of twenty-one days in order to comply withsection 510.120, RSMo.

(RSMo 1939 § 3864, A.L. 1945 p. 842, A.L. 1971 H.B. 439, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3474; 1919 § 3819; 1909 § 5027

(1976) Held that granting a continuance in excess of ten days does not cause magistrate to lose jurisdiction. State v. Canania (A.), 537 S.W.2d 203.