545.040. Indictments signed by whom. - Missouri Statutes

Indictments signed by whom.

545.040. Every indictment must be attributed to the prosecutingattorney, and when the grand jury returns* any indictment into the courtthe judge must examine it, and if the foreman has neglected to endorse it"a true bill", with his name affixed thereto, or if the prosecutingattorney has not affixed his or her name to the indictment, the court mustcause the foreman to affix his or her name or the prosecuting attorney toaffix his or her name, as the case may require.

(RSMo 1939 § 3929, A.L. 1997 S.B. 248)

Prior revisions: 1929 § 3540; 1919 § 3885; 1909 § 5093

*Word "return" appears in original rolls.

CROSS REFERENCE:

Proceedings before grand jury, Chap. 540, RSMo

(1960) Indictment held not invalid because signed by assistant prosecuting attorney instead of prosecuting attorney. State v. Falbo (Mo.), 333 S.W.2d 279.

(1963) Information which charged that defendant on the 6th day of November, 1961, shot and inflicted mortal wounds on deceased from which he died was sufficient although it did not specifically allege date of death. State v. Luttrell (Mo.), 366 S.W.2d 453.

(1965) Indictment signed by an assistant prosecuting attorney instead of prosecuting attorney was valid. State v. Elgin (Mo.), 391 S.W.2d 341.