545.010. Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.
Felonies and misdemeanors may be prosecuted by indictment orinformation, exceptions.
545.010. All felonies shall be prosecuted by indictment orinformation, except in cases arising in the land, air or navalforces, or in the militia as provided in sections 40.005 to40.490, RSMo; and all misdemeanors shall be prosecuted byindictment or by information in the courts having jurisdictionthereof. But that mode of procedure which shall be firstinstituted by the filing of the indictment or information for anyoffense shall be pursued to the exclusion of the other, so longas the same shall be pending and undetermined; and the court inwhich the prosecution shall be first commenced by the filingtherein of the indictment or information, and the issuing of awarrant thereon, shall retain jurisdiction and control of thecause to the exclusion of any other court so long as the sameshall be pending and undisposed of; provided, that misdemeanorsfor violation of general laws of this state shall in no case beprosecuted in any police or recorder's court, any provision ofany special city charter to the contrary notwithstanding;provided, that the last mentioned provision of this section shallonly apply to cities having a population of not less than fiftythousand and not exceeding three hundred thousand inhabitants.
(RSMo 1939 § 3892, A.L. 1984 H.B. 1035)Prior revisions: 1929 § 3502; 1919 § 3847; 1909 § 5055
CROSS REFERENCES:
Liquor laws, indictment for violation to contain what, RSMo 311.770
Preliminary examination required, when, RSMo 544.250
Prosecutions by indictment or information, Const. Art. I § 17
(1984) Filing of a complaint in circuit court charging defendant with capital murder did not give defendant a constitutional right to a preliminary hearing if the prosecution chose to seek an indictment by grand jury for the same crime. State v. Thomas (Mo.App.E.D.), 674 S.W.2d 131.