545.280. Prosecuting witness, who deemed. - Missouri Statutes

Prosecuting witness, who deemed.

545.280. When the information is based on an affidavit filedwith the clerk or delivered to the prosecuting attorney, asprovided for in section 545.250, the person who made suchaffidavit shall be deemed the prosecuting witness, and in allcases in which by law an indictment is required to be endorsed bya prosecutor, the person who makes the affidavit upon which theinformation is based, or who verifies the information, shall bedeemed the prosecutor; and in case the prosecution shall failfrom any cause, or the defendant shall be acquitted, suchprosecuting witness or prosecutor shall be liable for the costsin the case not otherwise adjudged by the court, but theprosecuting attorney shall not be liable for costs in any case.

(RSMo 1939 § 3900)

Prior revisions: 1929 § 3510; 1919 § 3855; 1909 § 5063

(1967) Court Rule 29.01 expands the requirement of section 545.280 and imposes the duty upon the court to advise a defendant, upon arraignment, of his right to counsel and upon request to appoint counsel for an indigent defendant. State v. Maxwell (Mo.), 411 S.W.2d 237.