545.890. Defendant imprisoned--discharge if not tried before end of second term. - Missouri Statutes

Defendant imprisoned--discharge if not tried before end of secondterm.

545.890. If any person indicted for any offense, andcommitted to prison, shall not be brought to trial before the endof the second term of the court having jurisdiction of theoffense which shall be held after such indictment found, he shallbe entitled to be discharged, so far as relates to the offensefor which he was committed, unless the delay shall happen on theapplication of the prisoner, or shall be occasioned by the wantof time to try the cause at such second term.

(RSMo 1939 § 4085)

Prior revisions: 1929 § 3696; 1919 § 4040; 1909 § 5246

CROSS REFERENCE:

Imprisonment on extradition warrant, limits, RSMo 548.171

(1966) What constitutes laches within meaning of this section as failure of state to justly afford the accused such a speedy hearing and determination of the charge against him as is accorded by the constitution. State v. Amerison (Mo.), 399 S.W.2d 53.

(1969) This section relates to persons indicted or informed against, and not to persons as to whom a complaint only has been filed. State v. Caffey (Mo.), 438 S.W.2d 167.

(1972) Where statute requires discharge of a person indicted and committed to prison if he is not brought to trial within two terms after indictment is filed, the term at which information was filed is not included in the computation. State v. Roach (Mo.), 480 S.W.2d 841.