Missouri Statute | Act | Code |Criminal Procedure| US Code - US Statute | Chapter 543 Proceedings In Misdemeanor And Infraction Cases

In misdemeanor cases, after the plea of the defendant has been
entered, if he pleads not guilty, the defendant or prosecuting attorney
may demand a jury; but if no jury is demanded, the case may be tried by
the associate circuit judge. (RSMo 1939 § 3825, A.L. 1945 p. 750 § 20,
A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)

Prior revisions: 1929 § 3435; 1919 § 3780; 1909 § 4988

(1956) Appeal from conviction in city court is to be tried de novo in the
same manner as if case originated in court of criminal correction. Thus
defendant on request is entitled to jury trial. City of St. Louis v.
Moore (A.), 288 S.W.2d 383.

If the case is thereafter tried before an associate circuit
judge, the jury shall be composed of twelve persons, unless a less number
shall be agreed upon, but not less than six. The selection of the jury
and the practice and procedure relative to the jury in a case tried
before an associate circuit judge shall be the same as in a case tried
before a circuit judge except as otherwise provided herein. (RSMo 1939 §
3826, A.L. 1945 p. 750 § 21, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3436; 1919 § 3781; 1909 § 4989

Effective 1-2-79

1. All proceedings upon the trial of misdemeanors and
infractions before associate circuit judges shall be governed by the
practice in criminal cases before circuit judges, so far as the same may
be applicable, and in respect to which no provision is made by statute.

2. All proceedings upon the trial of infractions before associate circuit
judges shall be governed by the practice in criminal cases before circuit
judges, so far as the same may be applicable, and in respect to which no
provision is made by statute, except that there shall be no right to a
jury trial. (RSMo 1939 § 3836, A.L. 1945 p. 750 § 29, A.L. 1978 H.B.
1634, A.L. 1993 S.B. 180)

Prior revisions: 1929 § 3446; 1919 § 3791; 1909 § 4999

1. When any person shall be unable to pay any fine and costs
assessed against him, the associate circuit judge shall have power, at
the request of the defendant, to commute such fine and costs to
imprisonment in the county jail, which shall be credited at the rate of
ten dollars of such fine and costs for each day's imprisonment.

2. When a fine is assessed by an associate circuit judge, it shall be
within his discretion to provide for the payment of the fine on an
installment basis under such terms and conditions as he may deem
appropriate. (L. 1978 H.B. 1634)

Effective 1-2-79

*This section previously repealed, 1977, but reinstated by this act. See
§§ 560.031, 560.036

In any case tried with a jury before an associate circuit judge
or on assignment under procedures applicable before circuit judges, or in
any misdemeanor case or county ordinance violation case, a record shall
be kept and any person aggrieved by a judgment rendered in any such case
may have an appeal upon that record to the appropriate appellate court.
At the discretion of the judge, but in compliance with the rules of the
supreme court, the record may be a stenographic record or one made by the
utilization of electronic, magnetic, or mechanical sound or video
recording devices. Whenever an appeal is taken in a case recorded by
means other than a court reporter, the clerk of the court or division in
control thereof shall forward the tape or record or whatever device used
therefor to the clerk of the supreme court or to the clerk of the court
of appeals wherein the appeal is lodged. The supreme court and the courts
of appeals may arrange for the written transcript of the testimony so
preserved pursuant to rules and procedures promulgated by the supreme
court. (L. 1978 H.B. 1634, A.L. 1984 S.B. 602, A.L. 1997 S.B. 248)

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