Missouri Revised Statutes

Chapter 56
Circuit and Prosecuting Attorneys and County Counselors
Section 56.110

August 28, 2007


If interested in case, court to appoint substitute.

56.110. If the prosecuting attorney and assistant prosecuting attorney be interested or shall have been employed as counsel in any case where such employment is inconsistent with the duties of his office, or shall be related to the defendant in any criminal prosecution, either by blood or by marriage, the court having criminal jurisdiction may appoint some other attorney to prosecute or defend the cause.

(RSMo 1939 § 12948)

Prior revisions: 1929 § 11322; 1919 § 742; 1909 § 1012

(1976) An unchallenged verified application to disqualify a prosecuting attorney is merely a prima facie showing and does not require the court to appoint another prosecutor. State v. Burton (A.), 544 S.W.2d 60.


© Copyright

bottom Missouri General Assembly