Duty of prosecuting attorney
This law explains what the prosecuting attorney (the government's lawyer for a county) must do about illegal alcohol sales. If illegal alcohol activity comes up in court, the prosecutor must act quickly to shut down that place as a nuisance. Multiple violations can be charged and tried together in one court case. If a local prosecutor fails or refuses to do their job enforcing alcohol laws, the state attorney general steps in and takes over that job in that county.
311.770. Duty of — failure to perform. — 1. In case the existence of any place where are manufactured or sold in violation of law is disclosed in any criminal proceedings, it shall be the duty of the prosecuting attorney to proceed promptly to the of this law against such place as a .
2. In any , for the violation of this law, separate s may be united in separate counts and the may be tried on all of the separate offenses at one trial and the for each offense may be imposed by the courts. It shall not be necessary in any affidavit, information or indictment to give the name of the purchaser or to include any defensive , but it shall be sufficient to state that the act complained of was then and there prohibited and .
3. Whenever any prosecuting attorney shall be unable or shall , fail or refuse to enforce any of the provisions of this chapter, or for any reason whatsoever, the provisions of this chapter shall not be enforced in any county in this state, it shall be the duty of the of the state to enforce the same in such county, and for that purpose, he may appoint as many assistants as he shall deem necessary, and he and his assistants shall be to , and file, all such complaints, affidavits, petitions, s, s and papers as the prosecuting attorney is authorized to sign, verify or file, and to do and perform any act that the prosecuting attorney might lawfully do or perform.
(RSMo 1939 § 4946)
Tap any gold-underlined word to see what it means.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.