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. ——– (RSMo 1939 § 3899) Prior revisions: 1929 § 3509, 1919 § 3854; […]
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 […]
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, […]
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. ——– (RSMo 1939 § 4051) Prior revisions: 1929 § 3662; 1919 § 4005; 1909 […]
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. ——– (RSMo 1939 […]
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 […]
Effective – 01 Oct 1984 546.070. Order of trial — instructions, requirements. — The jury being impaneled and sworn, the trial may proceed in the following order: (1) The prosecuting attorney must state the case and offer the evidence in support of the prosecution; (2) The defendant or his counsel may then state his defense […]
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 […]
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 […]
Effective – 02 Jan 1979 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 […]
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 […]
Effective – 19 Jul 1985 546.260. Defendant may testify in own behalf — spouse may testify for husband or wife — spouse may testify against husband or wife, when. — 1. No person shall be incompetent to testify as a witness in any criminal cause or prosecution by reason of being the person on trial […]
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 […]
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 […]
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 […]
Effective – 28 Aug 1939 546.270. Failure to testify not to prejudice defendant. — If the accused shall not avail himself or herself of his or her right to testify, or of the testimony of the wife or husband, on the trial in the case, it shall not be construed to affect the innocence or […]
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. […]
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 […]
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 […]
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 […]
