reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.885 - Joint trials for persons jointly charged — exceptions — substantial prejudice defined.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1989
545.885. Joint trials for persons jointly charged — exceptions — substantial prejudice defined. —
1. Notwithstanding Missouri supreme court rule 24.07, whenever two or more offenses are jointly charged in an indictment or information, the court shall order both or all offenses to be tried together.
2. If it appears that a defendant or the state is substantially prejudiced by a joinder of the offenses for trial, upon a written motion of the defendant or the state and upon a particularized showing of substantial prejudice, the court may grant a severance of offenses or provide whatever relief justice requires. For purposes of this section,
"substantial prejudice"
shall mean a bias or discrimination against the defendant or the state which is actually existing or real and not one which is merely imaginary, illusionary or nominal.
3. Each defendant tried jointly under this section shall be entitled to peremptory challenges as set out in section 494.480.
4. The word
"evidence"
, as used in this section, shall not be construed to include evidence as to character or reputation.
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(L. 1963 p. 670, A.L. 1980 H.B. 1138, et al., A.L. 1984 S.B. 602, A.L. 1989 S.B. 127, et al.)
(1966) This statute does not violate equal protection clause of 14th amendment of U.S. Constitution merely because it is not applicable to all offenses which relate in any manner to sex. State v. Lee (Mo.), 404 S.W.2d 740.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.890 - Defendant imprisoned — discharge if not tried before end of second term.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.890. Defendant imprisoned — discharge if not tried before end of second term. —
If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to the offense for which he was committed, unless the delay shall happen on the application of the prisoner, or shall be occasioned by the want of time to try the cause at such second term.
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(RSMo 1939 § 4085)
Prior revisions: 1929 § 3696; 1919 § 4040; 1909 § 5246
CROSS REFERENCE:
Imprisonment on extradition warrant, limits, 548.171
(1966) What constitutes laches within meaning of this section as failure of state to justly afford the accused such a speedy hearing and determination of the charge against him as is accorded by the constitution. State v. Amerison (Mo.), 399 S.W.2d 53.
(1969) This section relates to persons indicted or informed against, and not to persons as to whom a complaint only has been filed. State v. Caffey (Mo.), 438 S.W.2d 167.
(1972) Where statute requires discharge of a person indicted and committed to prison if he is not brought to trial within two terms after indictment is filed, the term at which information was filed is not included in the computation. State v. Roach (Mo.), 480 S.W.2d 841.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.900 - Defendant on bail — discharged if not tried before end of third term.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.900. Defendant on bail — discharged if not tried before end of third term. —
If any person indicted for any offense, and held to answer on bail, shall not be brought to trial before the end of the third term of the court in which the cause is pending which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to such offense, unless the delay happened on his application, or be occasioned by the want of time to try such cause at such third term.
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(RSMo 1939 § 4086)
Prior revisions: 1929 § 3697; 1919 § 4041; 1909 § 5247
(1953) The right to a discharge under §§ 545.890 to 545.920 does not involve a jurisdictional question and may be waived. If asserted it is a matter for hearing and disposition in the trial court in the nature of an interlocutory proceeding. Such right cannot be asserted in habeas corpus proceeding. Osborne v. Owsley, 364 Mo. 544, 259 S.W.2d 129.
(1967) Where a continuance is granted upon the defendant's application, or because of some other action on his part, or upon the order of the court, not requested by the state, it is not a ground for discharge under the statute. Where a case is not tried at one or more terms, and the record is completely silent as to the reason why it was not tried, it is presumed, in the absence of proof to the contrary, that the failure of the state to try the case during such term or terms was not due to laches on the part of the state. State v. Barlish (A.), 421 S.W.2d 558.
(1968) This section does not apply if trial is delayed through no fault of the state. State v. Mace (Mo.), 427 S.W.2d 507.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.910 - When state not entitled to further continuance.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.910. When state not entitled to further continuance. —
If, when application is made for the discharge of a defendant under either section 545.890 or 545.900, the court shall be satisfied there is material evidence on the part of the state which cannot then be had, that reasonable exertions have been made to procure the same, and that there is just ground to believe that such evidence can be had at the succeeding term, the cause may be continued to the next term, and the prisoner remanded or admitted to bail, as the case may require. If the defendant shall not be tried before the end of the term last mentioned, the state shall not be entitled to any further continuance of the case, and the prisoner shall, if he require it, be discharged.
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(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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.930 - Endorsement or signature of pleadings in criminal cases.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1997
545.930. Endorsement or signature of pleadings in criminal cases. —
Pleadings in criminal cases shall be attributed to a party or attorney or signed in the manner provided by supreme court rule. Any statutory requirement that pleadings be signed by any person shall be satisfied by compliance with such rules.
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(L. 1997 S.B. 248)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.940 - Defendant may be tested for various serious infectious or communicable diseases, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 2021, 2 histories
545.940. Defendant may be tested for various serious infectious or communicable diseases, when. —
1. Pursuant to a motion filed by the prosecuting attorney or circuit attorney with notice given to the defense attorney and for good cause shown, in any criminal case in which a defendant has been charged by the prosecuting attorney's office or circuit attorney's office with any offense under chapter 566 or section 565.050, assault in the first degree; section 565.052 or 565.060
*
, assault in the second degree; section 565.054 or 565.070
**
, assault in the third degree; section 565.056, assault in the fourth degree; section 565.072, domestic assault in the first degree; section 565.073, domestic assault in the second degree; section 565.074, domestic assault in the third degree; section 565.075
***
, assault while on school property; section 565.076, domestic assault in the fourth degree; section 565.081
***
, 565.082
***
, or 565.083
***
, assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer in the first, second, or third degree; section 567.020, prostitution; section 568.045, endangering the welfare of a child in the first degree; section 568.050, endangering the welfare of a child in the second degree; section 568.060, abuse of a child; section 575.150, resisting or interfering with an arrest; or subdivision (2) or (3) of subsection 2 of section 191.677, knowingly or recklessly exposing a person to a serious infectious or communicable disease, the court may order that the defendant be conveyed to a state-, city-, or county-operated HIV clinic for testing for HIV, hepatitis B, hepatitis C, syphilis, gonorrhea, and chlamydia. The results of such tests shall be released to the victim and his or her parent or legal guardian if the victim is a minor. The results of such tests shall also be released to the prosecuting attorney or circuit attorney and the defendant's attorney. The state's motion to obtain said testing, the court's order of the same, and the test results shall be sealed in the court file.
2. As used in this section,
"HIV"
means the human immunodeficiency virus that causes acquired immunodeficiency syndrome.
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(L. 2002 H.B. 1756, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2021 S.B. 53 & 60)
Transferred 2014; formerly 566.135; Effective 1-01-17
*Section 565.060 was transferred in 2014; now 565.052, effective 1-01-17.
**Section 565.070 was transferred in 2014; now 565.054, effective 1-01-17.
***Sections 565.075, 565.081, 565.082, and 565.083 were repealed by S.B. 491, 2014, effective 1-01-17.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.950 - Child victim of sexual offense, video and aural recordings and photographs, defendant not to copy or distribute without court order.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 2016
545.950. Child victim of sexual offense, video and aural recordings and photographs, defendant not to copy or distribute without court order. —
1. Except as provided by subsection 2 of this section, the defendant, the defendant's attorney, or an investigator, expert, consulting legal counsel, or other agent of the defendant's attorney shall not copy or distribute to a third party any visual or aural recordings or photographs of a minor who is alleged to be the victim of an offense under chapter 566 created by or in the possession of a child assessment center, health care provider, or multidisciplinary team member unless a court orders the copying or distribution upon a showing of good cause after notice and a hearing and after considering the safety and privacy interests of any victim.
2. The defendant's attorney or an investigator, expert, consulting legal counsel, or agent for the defendant's attorney may allow a defendant, witness, or prospective witness to view the information provided under this section, but shall not allow such person to have copies of the information provided.
3. If a court orders the copying or distribution of visual or aural recordings or photographs as described in subsection 1 of this section, the order shall:
(1) Be limited solely to the use of the recordings or photographs for the purposes of a pending court proceeding or in preparation for a pending court proceeding;
(2) Prohibit further copying, reproduction, or distribution of the recordings or photographs; and
(3) Require, upon the final disposition of the case, the return of all copies to the health care provider, child assessment center, or multidisciplinary team member that originally had possession of the recordings or photographs, or provide an affidavit to the health care provider, child assessment center, or multidisciplinary team member that originally had possession of the recordings or photographs certifying that all copies have been destroyed.
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(L. 2016 H.B. 1562)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.010 - Proceedings upon information, how conducted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.010. Proceedings upon information, how conducted. —
The trial and all proceedings upon any information filed in a court of record shall be governed by the law and practice applicable to trials upon indictments in said court.
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(RSMo 1939 § 3899)
Prior revisions: 1929 § 3509, 1919 § 3854; 1909 § 5062
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.020 - Plea of not guilty, not formally tendered.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.020. Plea of not guilty, not formally tendered. —
When a person shall be arraigned upon any indictment or information, it shall not be necessary to ask him how he will be tried; and if he deny the charge in any form, or require a trial, or if he refuse to plead or answer and in all cases when he does not confess the charge to be true, a plea of not guilty shall be entered, and the same proceedings shall be had, in all respects, as if he had formally pleaded not guilty to such indictment or information; provided, however, that no judgment rendered in any criminal case shall be reversed, set aside or for naught held for the reason that the record does not show that the defendant was arraigned and a plea of not guilty entered, where a trial was had in all respects as though the defendant had been arraigned and had formally tendered the general issue under a plea of not guilty.
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(RSMo 1939 § 4004)
Prior revisions: 1929 § 3615; 1919 § 3958; 1909 § 5165
(1951) Where jury was present when information was read and was permitted to hear defendant's refusal to plead thereto but where court gave instruction that information "is a mere formal statement ... and is no evidence whatever of his guilt" there was no prejudicial error. State v. Lamb (Mo.), 239 S.W.2d 496.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.030 - Prisoner must be present in court, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
• Effective - 28 Aug 1939
546.030. Prisoner must be present in court, when. —
No person indicted for a felony can be tried unless he be personally present, during the trial; nor can any person be tried or be allowed to enter a plea of guilty in any other case unless he be personally present, or the court and prosecuting attorney shall consent to such trial or plea in the absence of the defendant; and every person shall be admitted to make any lawful proof by competent witnesses or other testimony in his defense; provided, that in all cases the verdict of the jury may be received by the court and entered upon the records thereof in the absence of the defendant, when such absence on his part is willful or voluntary, and when so received and entered shall have the same force and effect as if received and entered in the presence of such defendant; and provided further, that when the record in the appellate court shows that the defendant was present at the commencement or any other stage of the trial, it shall be presumed, in the absence of all evidence in the record to the contrary, that he was present during the whole trial.
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(RSMo 1939 § 4054)
Prior revisions: 1929 § 3665; 1919 § 4008; 1909 § 5214
(1956) Where defendant charged with first degree murder was at liberty on bond and jury was discharged on its failure to reach verdict during his voluntary, although inadvertent absence from courtroom, his retrial did not constitute double jeopardy. State v. McCrary, 365 Mo. 799, 287 S.W.2d 785.
(1959) Absence of defendant's counsel from courtroom at time verdict was returned violated no constitutional right of defendant. State v. Smith (Mo.), 324 S.W.2d 707.
(1961) Defendant was not deprived of constitutional right to appear and defend in person where he was represented by competent counsel throughout all stages of trial and was personally present at all times except when voluntarily absent for short time during proceedings in chambers when record of prior convictions was presented to judge under second offender law. State v. Colbert (Mo.), 344 S.W.2d 115.
(1967) Accused's presence is not necessary during proceedings which are not part of the trial, such as preliminary or formal proceedings or motions which do not affect his guilt or innocence. State v. Durham (MO.), 416 S.W.2d 79.
(1968) Where transcript on appeal did not affirmatively show defendant who was charged with a misdemeanor present at trial and no request for trial in his absence appeared in record, conviction could not stand. State v. Cook (MO.), 432 S.W.2d 345.
(1976) Right to appear and defend in criminal prosecutions is a broader right than the statutory right to be personally present at the trial. A defendant may waive these rights and his counsel acting unilaterally may waive defendant's right to be present at a pretrial motion to suppress an oral confession. State v. Sanders (A.), 539 S.W.2d 458.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.040 - Issues of fact to be tried by jury.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.040. Issues of fact to be tried by jury. —
All issues of fact in any criminal cause shall be tried by a jury, to be selected, summoned and returned in a manner prescribed by law.
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(RSMo 1939 § 4051)
Prior revisions: 1929 § 3662; 1919 § 4005; 1909 § 5212
CROSS REFERENCE:
Defendant may waive trial by jury, when, Const. Art. I § 22(a)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.050 - Misdemeanors may be tried by court.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.050. Misdemeanors may be tried by court. —
But the defendant and prosecuting attorney, with the assent of the court, may submit the trial of misdemeanors to the court, whose finding in all such offenses shall have the force and effect of the verdict of a jury.
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(RSMo 1939 § 4052)
Prior revisions: 1929 § 3663; 1919 § 4006; 1909 § 5213
(1953) On appeal, in misdemeanor trial where jury was waived, the finding of the court on the merits must be allowed to stand if supported by substantial evidence. State v. Sargent, 241 A. 1085, 256 S.W.2d 265.
(1953) In usury prosecution, where jury is waived and requested declarations of law state correct principles and there is substantial evidence on which to base them, and they are seasonably offered, it is error to refuse to give them. State v. Sargent, 241 A. 1085, 256 S.W.2d 265.
(1962) Where defendant in a misdemeanor case is present and represented by counsel, and there is no request for a jury, his consent to be tried by the court is presumed. State v. Belleville (A.), 362 S.W.2d 77.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.060 - Practice in civil case to apply, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.060. Practice in civil case to apply, when. —
The proceedings prescribed by law in civil cases, in respect to the impaneling of jurors, the keeping them together, and the manner of rendering their verdict, shall be had upon trials on indictments and prosecutions for criminal offenses, except in cases otherwise provided by statute.
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(RSMo 1939 § 4068)
Prior revisions: 1929 § 3679; 1919 § 4023; 1909 § 5229
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.080 - Variance between charge and proof.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.080. Variance between charge and proof. —
Whenever on the trial of any felony or misdemeanor, there shall appear to be any variance between the statement in the indictment or information and the evidence offered in proof thereof, in the Christian name or surname, or both the Christian name and surname, or other description whatsoever, or any person whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, such variance shall not be deemed grounds for an acquittal of the defendant, unless the court before which the trial shall be had shall find that such variance is material to the merits of the case and prejudicial to the defense of the defendant.
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(RSMo 1939 § 3951)
Prior revisions: 1929 § 3562; 1919 § 3907; 1909 § 5114
(1964) Court did not err in permitting substitution of information for indictment at close of evidence and before submission of case to jury where the only difference was that information stated both the name and alias of person to whom defendant sold marijuana and indictment stated only the alias since defendant had known for over a month the true name of the person named in indictment. State v. Whittington (Mo.), 379 S.W.2d 518.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.090 - Court may amend record, when — clerk to certify corrections.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.090. Court may amend record, when — clerk to certify corrections. —
Upon the trial of any indictment or information the court may at any stage of the proceeding, in furtherance of justice, amend or supply any pleading, writ, process, entry, return or other proceedings; and the court in which the indictment was found, or the information filed, or in which the trial is had, may at any time before final disposition of the cause, either in such court or the court to which the same may have been appealed, and, whether at the same or different term of court, amend or supply any record in accordance with the fact. If the same be pending on appeal at the time any such record is amended or supplied, the part thereof so amended or supplied shall be immediately certified to the appellate court by the clerk of such trial court.
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(RSMo 1939 § 3954)
Prior revision: 1929 § 3565
(1953) Reference in argument by state's attorney to defendant as "spook" and "burglar" held not error where court admonished jury that there was no justification for the statement and directed that it be stricken and disregarded entirely. State v. Rousslang (Mo.), 258 S.W.2d 627.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.095 - Offense not cognizable before associate circuit judge — procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 02 Jan 1979, see footnote
546.095. Offense not cognizable before associate circuit judge — procedure. —
If, in the progress of any trial before an associate circuit judge, it shall appear that the accused ought to be put upon his trial for an offense not cognizable before an associate circuit judge, the judge shall immediately stop all further proceedings before him, and shall transfer the case to a circuit judge.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.250 - Person injured may testify.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.250. Person injured may testify. —
No person shall be rendered incompetent to testify in criminal causes by reason of his being the person injured or defrauded, or intended to be injured or defrauded, or that would be entitled to satisfaction for the injury, or is liable to pay the costs of the prosecution.
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(RSMo 1939 § 4078)
Prior revisions: 1929 § 3689; 1919 § 4033; 1909 § 5239
CROSS REFERENCE:
Civil practice as to witnesses in civil and criminal trials, 491.070
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.262 - Domestic assault, victim and victim's family not to be compelled to testify or disclose certain information.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 2022
546.262. Domestic assault, victim and victim's family not to be compelled to testify or disclose certain information. —
A court shall not compel a victim or member of the victim's family testifying in a criminal proceeding for a violation of sections 565.072 to 565.076 to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the address or place of employment is necessary.
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(L. 2022 S.B. 775, et al.)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.263 - Domestic assault, victim may testify by video conference — local court rules.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 2022
546.263. Domestic assault, victim may testify by video conference — local court rules. —
1. A person may testify by video conference at a civil trial involving an offense under sections 565.072 to 565.076 if the person testifying is the victim of the offense. The circuit and associate circuit court judges for each circuit shall develop local rules and instructions for appearances by video conference permitted under this subsection, which shall be posted on the circuit court's internet website.
2. The circuit and associate circuit court judges for each circuit shall provide, and post on the circuit court's internet website, a telephone number for the public to call for assistance regarding appearances by video conference.
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(L. 2022 S.B. 775, et al.)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.265 - Criminal activity reporting to crime stoppers organization, privileged communication not subject to disclosure — in camera inspection permitted, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 2021
546.265. Criminal activity reporting to crime stoppers organization, privileged communication not subject to disclosure — in camera inspection permitted, when. —
1. As used in this section, the following terms mean:
(1)
"Crime stoppers organization"
, a private, not-for-profit organization that collects and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards such information to appropriate law enforcement agencies;
(2)
"Privileged communication"
, information by an anonymous person to a crime stoppers organization for the purpose of reporting alleged criminal activity.
2. No person shall be required to disclose, by way of testimony or otherwise, a privileged communication between a person who submits a report of alleged criminal activity to a crime stoppers organization and the person who accepts the report on behalf of a crime stoppers organization or to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication:
(1) In connection with any criminal case or proceeding; or
(2) By way of any discovery procedure.
3. Any person arrested or charged with a criminal offense may petition the court for an in camera inspection of the records of a privileged communication concerning the report such person made to a crime stoppers organization. The petition shall allege facts showing that such records would provide evidence favorable to the defendant and relevant to the issue of guilt or punishment. If the court determines that the person is entitled to all or any part of such records, the court may order production and disclosure as the court deems appropriate.
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(L. 2021 S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.280 - Defendant may be discharged to testify for state.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.280. Defendant may be discharged to testify for state. —
When two or more persons shall be jointly indicted or prosecuted, the court may, at any time before the defendants have gone into their defense, direct any defendant to be discharged, that he may be a witness for the state. A defendant shall, also, when there is not sufficient evidence to put him on his defense, at any time before the evidence is closed, be discharged by the court for the purpose of giving his testimony for a codefendant. The order of discharge shall be a bar to another prosecution for the same offense.
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(RSMo 1939 § 4080)
Prior revisions: 1929 § 3691; 1919 § 4035; 1909 § 5241
CROSS REFERENCE:
Persons convicted of crime competent witnesses, 491.050
(1968) This section does not prevent codefendant from testifying for state after the charge against him has been disposed of by plea of guilty and before sentencing. Irregularity of asking status of witness' case in hearing of jury not prejudiced in this case. State v. Blevins (Mo.), 427 S.W.2d 367.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.300 - Existence of corporation, how proved.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.300. Existence of corporation, how proved. —
If on the trial or other proceeding in a criminal cause, the existence, constitution or powers of any banking company or corporation, shall become material, or be in any way drawn in question, it shall not be necessary to produce a certified copy of the charter or act of incorporation, but the same may be proved by general reputation, or by the printed statute book of the state, government or country by which such corporation was created.
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(RSMo 1939 § 4077)
Prior revisions: 1929 § 3688; 1919 § 4032; 1909 § 5238
(1954) Existence of banking corporation held shown by evidence of its general reputation, by testimony of its cashier and by testimony of a lawyer from his investigation of the records. State v. Weed (Mo.), 271 S.W.2d 557.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.360 - Defense of former jeopardy may be proved, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.360. Defense of former jeopardy may be proved, when. —
In all criminal cases, where the defendant is charged with any offense against the laws of this state, the fact of the former acquittal or conviction of such defendant of such offense may be shown under the general issue or plea of not guilty.
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(RSMo 1939 § 4053)
Prior revisions: 1929 § 3664; 1919 § 4007
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.370 - Exceptions may be taken as in civil cases.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.370. Exceptions may be taken as in civil cases. —
On the trial of any indictment or prosecution for a criminal offense, exceptions to any decisions of the court may be made in the same cases and manner provided by law in all civil cases; and bills of exceptions shall be settled, signed, sealed and filed as now allowed by law in civil actions, and the same proceedings may be had to compel or procure the signing and sealing of such bills, and the return thereof, as in civil cases.
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(RSMo 1939 § 4084)
Prior revisions: 1929 § 3695; 1919 § 4039; 1909 § 5245
CROSS REFERENCES:
Appeals in criminal cases, when granted, 547.070, 547.090
Assignment of error or joinder in crime not necessary in appeal or writ of error, 547.270
(1951) Where purported transcript of record did not contain certificate showing it to have been agreed to and allowed as a bill of exceptions nor was it shown to have been agreed to as required by § 512.110 and rules 1.31 and 1.34 of supreme court, review on appeal would be limited to record proper. State v. Bird (Mo.), 242 S.W.2d 576.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.380 - Court not to charge, but may instruct jury.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.380. Court not to charge, but may instruct jury. —
The court shall not, on the trial of the issue in any criminal case, sum up or comment upon the evidence, or charge the jury as to matter of fact, unless requested to so do by the prosecuting attorney and the defendant or his counsel; but the court may instruct the jury in writing on any point of law arising in the cause.
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(RSMo 1939 § 4083)
Prior revisions: 1929 § 3694; 1919 § 4038; 1909 § 5244
(1954) Where judge, after jury began deliberations, pointed out expense of trial and desirability of reaching verdict and told them they should respect opinions of others and attempt to arrive at a verdict while adhering to instructions, there was no error. State v. Roberts (Mo.), 272 S.W.2d 190.
(1956) An inquiry as to how a jury stands numerically after it has deliberated two hours is not coercive per se but whether it is coercive must be determined on the record of what was said and done at the time. State v. Baker (Mo.), 293 S.W.2d 900.
(1956) Statement by court in ruling objection in presence of jury, to the effect that drunkenness of prosecuting witness constituted no defense in robbery case held not prejudicial error. State v. Swiney (Mo.), 296 S.W.2d 104.
(1957) Remarks of court held not comment on evidence. State v. Moore (Mo.), 303 S.W.2d 60.
(1958) In robbery prosecution where defendant was accused of giving signal to confederates by lighting match and where witnesses testified they did not see cigarette in defendant's hand, comment by judge that as matter of law evidence was that defendant did not have cigarette held unwarranted and erroneous. State v. Fields (Mo.), 314 S.W.2d 723.
(1959) Statement by court on voir dire examination that information charged two prior convictions, although information charged only one, held not prejudicial in case where defendant testified on direct examination that he entered pleas of guilty to other offenses. State v. Rose (Mo.), 325 S.W.2d 485.
(1960) Instruction not requested by defendant, limiting jury's consideration of any other offense participated in by defendant to sole purpose of shedding light upon identification and presence of defendant at the time of shooting of deceased was cautionary instruction for benefit of defendant and not improper. Use of word "alibi" in another instruction was not prejudicial. State v. Griffin (Mo.), 336 S.W.2d 364.
(1964) Statement by court to jury after it had retired and in answer to a question relating to time defendant would serve if given life sentence and whether or not defendant could be paroled constituted prejudicial error. State v. Cornett (Mo.), 381 S.W.2d 878.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.390 - Verdict of jury, how rendered.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.390. Verdict of jury, how rendered. —
When the jury have agreed upon a verdict, they must be conducted into court by the officer having them in charge. If they all appear, their verdict must be rendered in open court. If any shall fail to appear, the rest must be discharged without giving a verdict, and the cause must be tried again at the same or next term, as in the case of a failure of the jury to agree upon a verdict.
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(RSMo 1939 § 4089)
Prior revisions: 1929 § 3700; 1919 § 4044; 1909 § 5250
CROSS REFERENCE:
Verdict may be returned on Sunday, 476.250
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.400 - Verdict must show degree of guilt.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.400. Verdict must show degree of guilt. —
Upon the trial of any indictment for any offense where by law there may be conviction for different degrees of such offense, the jury, if they convict the defendant of a degree of the offense inferior to the offense alleged in the indictment, shall specify in their verdict of what degree of the offense they find the defendant guilty.
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(RSMo 1939 § 4090)
Prior revisions: 1929 § 3701; 1919 § 4045; 1909 § 5251
(1960) In prosecutions for stealing personal property of over fifty dollars in value defendant contending value was less than fifty dollars, the court instructed the jury to fix the punishment in accordance with the way they found the value of the property and the verdict finding the defendant "guilty of stealing and assess his punishment at two and one-half years in the Missouri department of corrections" was responsive and free from ambiguity as the offense of stealing does not have different degrees but different penalties. State v. McCarthy (Mo.), 336 S.W.2d 411.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.540 - Confinement of insane persons, costs paid, how.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1965
546.540. Confinement of insane persons, costs paid, how. —
The sheriff or other officer having the custody of persons committed to the director of the department of mental health as provided in section 552.040 shall, if he deems it necessary to their safe custody, confine them to the county jail until they shall be removed to a state hospital. If all things needful be not otherwise supplied, he shall furnish them, and, in such cases, the supplies for the indigent shall be paid for by the proper county commissions out of the county treasuries; and supplies for others than the indigent shall be repaid out of their estates, and may be recovered by suit in the name of such officer.
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(RSMo 1939 § 9351, A.L. 1965 p. 331)
Prior revisions: 1929 § 8658; 1919 § 12301; 1909 § 1433
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.550 - Presence of prisoner at rendition of judgment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.550. Presence of prisoner at rendition of judgment. —
For the purpose of judgment, if the conviction be for an offense punishable by imprisonment, or imprisonment be assessed as punishment by the jury, the defendant must be personally present; if for a fine only, he must be personally present, or some responsible person must undertake for him to pay the judgment and costs; judgment may then be rendered in his absence.
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(RSMo 1939 § 4100)
Prior revisions: 1929 § 3711; 1919 § 4055; 1909 § 5261
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.560 - Presence of prisoner in court.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.560. Presence of prisoner in court. —
If the defendant is in custody, he must be brought before the court for judgment; if he is not present when his personal attendance is necessary, the court may order the clerk to issue a warrant for his arrest, which may be served in any county in the state, as a warrant of arrest in other cases.
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(RSMo 1939 § 4101)
Prior revisions: 1929 § 3712; 1919 § 4056; 1909 § 5262
(1956) Where defendant is heard on motion for new trial, failure of record to show allocution is not error. State v. Juvenile Defendants (A.), 291 S.W.2d 628.
(1967) Right of allocution is applicable only after conviction upon trial by jury. State v. McClanahan (Mo.), 418 S.W.2d 71.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.570 - Hearing before sentence.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
• Effective - 28 Aug 1939
546.570. Hearing before sentence. —
When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, and asked whether he has any legal cause to show why judgment should not be pronounced against him; and if no such sufficient cause be shown against it, the court must render the proper judgment.
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(RSMo 1939 § 4102)
Prior revisions: 1929 § 3713; 1919 § 4057; 1909 § 5263
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.580 - Section 546.570 deemed directory, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.580. Section 546.570 deemed directory, when. —
If the defendant has been heard on a motion for a new trial, or in arrest of judgment, and in all cases of misdemeanor, the requirements of section 546.570 shall be deemed directory, and the omission to comply with it shall not invalidate the judgment or sentence of the court.
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(RSMo 1939 § 4103)
Prior revisions: 1929 § 3714; 1919 § 4058; 1909 § 5264
(1952) Where record showed motion for new trial filed and overruled but failed to show allocution, sentence and judgment, appeal was premature and cause must be remanded. State v. Bledsoe (Mo.), 249 S.W.2d 457; (1952) State v. Skaggs (Mo.), 248 S.W.2d 635.
(1967) This section is mandatory and court has no power to impose concurrent sentences. State v. McClanahan (Mo.), 418 S.W.2d 71.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.590 - Judgment to be entered by clerk.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.590. Judgment to be entered by clerk. —
Whenever a judgment upon a conviction shall be rendered in any court, the clerk of such court shall enter such judgment fully on the minutes, stating briefly the offense for which such conviction shall have been had, and the court shall inspect such entries and conform them to the facts; but the omission of this duty, either by the clerk or judge, shall in nowise affect or impair the validity of the judgment.
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(RSMo 1939 § 4104)
Prior revisions: 1929 § 3715; 1919 § 4059; 1909 § 5265
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.595 - Associate circuit judge to file statement with certain officers if no appeal — collection of fines.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
• Effective - 01 Jan 1987, see footnote
546.595. Associate circuit judge to file statement with certain officers if no appeal — collection of fines. —
It shall be the duty of the associate circuit judge before whom any conviction may be had under this chapter, if there be no appeal, to make out and certify, and within ten days after the date of the judgment, deliver to the treasurer of the county and clerk of the county commission each a statement of the case, the amount of the fine and return day of the execution, and the name of the officer charged with the collection thereof; and the county treasurer shall charge the officer with the amount of such fine, and unless the same be paid into the county treasury on or before the return day of the execution, the county commission shall, at their next term, ten days' notice being given to the officer in default and his sureties, render an account stated against them for the amount due, and twenty percent thereon, making, however, proper deductions for insolvencies; on which account stated suit may be maintained and when collected, the proceeds paid in the county treasury.
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(L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.600 - Copy of judgment of conviction to sheriff.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.600. Copy of judgment of conviction to sheriff. —
Whenever a sentence of imprisonment in a county jail shall be pronounced upon any person convicted of any offense, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county a transcript of the entry of such conviction, and of the sentence thereupon, duly certified by such clerk, which shall be sufficient authority to such sheriff to execute such sentence, and he shall execute the same accordingly.
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(RSMo 1939 § 4105)
Prior revisions: 1929 § 3716; 1919 § 4060; 1909 § 5266
CROSS REFERENCE:
Appeal or writ of error not to act as stay of execution, exceptions, 547.130 to 547.190, 547.330
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.610 - Copy of commitment to sheriff — prisoner, how and where delivered.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1990
546.610. Copy of commitment to sheriff — prisoner, how and where delivered. —
When any offender shall be committed to the department of corrections the clerk of the court in which the sentence was passed shall forthwith deliver a certified copy thereof to the sheriff of the county, who shall, without delay, either in person or by a general and usual deputy, cause such offender to be transported to a place designated by the director of the department of corrections and delivered to the chief administrative officer thereof.
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(RSMo 1939 § 4106, A.L. 1971 S.B. 293, A.L. 1990 H.B. 974)
Prior revisions: 1929 § 3717; 1919 § 4061; 1909 § 5267
CROSS REFERENCE:
Commitments to state penal institutions, how made, 217.305
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.620 - Power of sheriff to summon aid.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.620. Power of sheriff to summon aid. —
Such sheriff or deputy, while conveying a convict to the penitentiary, shall have the same power and like authority to require the assistance of any citizen of this state in securing such convict, and retaking him if he shall escape, as if such sheriff or deputy were in the county in which he is such officer; and all persons who shall neglect or refuse to assist such sheriff or deputy, when required, shall be liable to the same penalties as if such officer were in his own county.
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(RSMo 1939 § 4107)
Prior revisions: 1929 § 3718; 1919 § 4062; 1909 § 5268
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.650 - Court may require security to keep the peace.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
• Effective - 28 Aug 1939
546.650. Court may require security to keep the peace. —
The court before which any person shall be convicted of any criminal offense shall have power, in addition to the sentence prescribed or authorized by law, to require such person to give security to keep the peace or be of good behavior, or both, for a term not exceeding two years, or to stand committed until such security be given.
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(RSMo 1939 § 4097)
Prior revisions: 1929 § 3708; 1919 § 4052; 1909 § 5258