2005 Missouri Revised Statutes - § 544.320. — Adjournment of hearing by associate circuit judge--release of prisoner, when, what conditions.

544.320. An associate circuit judge may adjourn an examination of a prisoner pending before himself, from time to time as occasion requires, not exceeding twenty-one days at one time, and to the same or any different place in the county, as he deems necessary; and for the purpose of enabling the prisoner or prosecuting attorney to procure the attendance of witnesses, or for other good and sufficient cause shown by said prisoner or prosecuting attorney, said associate circuit judge shall allow such an adjournment on the motion of the prisoner or prosecuting attorney. In the meantime, if the party is charged with an offense not bailable he shall be committed; otherwise he may be released as provided in section 544.455 for his appearance, before such associate circuit judge or before any associate circuit judge who may be authorized to hear the matter, for such further examination, and not to depart without leave of the court, and for want of such recognizance he shall be committed; provided that the associate circuit judge shall continue the cause in excess of twenty-one days in order to comply with section 510.120, RSMo.

(RSMo 1939 § 3864, A.L. 1945 p. 842, A.L. 1971 H.B. 439, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3474; 1919 § 3819; 1909 § 5027

(1976) Held that granting a continuance in excess of ten days does not cause magistrate to lose jurisdiction. State v. Canania (A.), 537 S.W.2d 203.