545.910. When state not entitled to further continuance.
When state not entitled to further continuance.
545.910. If, when application is made for the discharge of adefendant under either section 545.890 or 545.900, the courtshall be satisfied there is material evidence on the part of thestate which cannot then be had, that reasonable exertions havebeen made to procure the same, and that there is just ground tobelieve that such evidence can be had at the succeeding term, thecause may be continued to the next term, and the prisonerremanded or admitted to bail, as the case may require. If thedefendant shall not be tried before the end of the term lastmentioned, the state shall not be entitled to any furthercontinuance of the case, and the prisoner shall, if he requireit, be discharged.
(RSMo 1939 § 4087)Prior revisions: 1929 § 3698; 1919 § 4042; 1909 § 5248
(1976) Held, defendant must have demanded trial in order to be entitled to discharge under this section or §§ 545.900 and 545.920. State v. Cook (A.), 530 S.W.2d 38.