545.320. Issuance of subpoenas for state witnesses. - Missouri Statutes

Issuance of subpoenas for state witnesses.

545.320. No subpoena for a witness in any criminal caseshall be issued on the part of the state, unless the name of suchwitness be endorsed on the indictment or information, or theprosecuting attorney shall order the same to be issued, inwriting, or the prosecutor shall file an affidavit that otherwitnesses ordered by him are positively necessary for a completeadjudication of the case; and no subpoena shall issue for anywitness unless the defendant is in custody or on bail, or theclerk or associate circuit judge shall have good reason tobelieve that he will be apprehended. Subpoenas may be issued todifferent counties at the same time, but all the witnessesordered at one time, and living in the same county, shall beincluded in one subpoena.

(RSMo 1939 § 4229)

Prior revisions: 1929 § 3834; 1919 § 4177; 1909 § 5385

CROSS REFERENCE:

Attendance of witnesses from without state, RSMo 491.400 to 491.450