Title XXXVII — CRIMINAL PROCEDURE

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…

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 …

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 …

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 § 5212 CROSS REFERE…

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. ­­-------- (RSM…

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 …

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 th…

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 …

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 th…

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 j…

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 p…

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 or exa…

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 disclos…

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 asso…

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 org…

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 guilt of the accu…

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 st…

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…

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 …

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 settl…

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…

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 w…

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 ind…

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…

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 p…

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 …

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 a…

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 i…

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…

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 …

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…

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 count…

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 …

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 …

546.660. Section 546.650 construed. — Section 546.650 shall not extend to convictions for writing or publishing any libel; nor shall any such security be hereafter required by any court upon any complaint, prosecution or conviction for any such writing or publishing. ­­-------- (…

546.670. Recognizance, when broken. — No recognizance given under the provisions of section 546.650 shall be deemed to be broken, unless the principal therein be convicted of some offense amounting, in judgment of law, to a breach of such recognizance. ­­-------- (RSMo 1939 § 409…

546.680. Capital cases, duty of court. — When judgment of death is rendered by any court of competent jurisdiction, a warrant signed by the judge and attested by the clerk under the seal of the court must be drawn and delivered to the sheriff. It must state the conviction and jud…

546.690. Statement of conviction and judgment to governor. — The judge of a court at which a conviction is had must, immediately after the conviction, transmit to the governor of the state, by mail or otherwise, a statement of the conviction and judgment. ­­-------- (RSMo 1939 § …

546.700. Sentence not executed, procedure. — Whenever, for any reason, any convict sentenced to the punishment of death shall not have been executed pursuant to such sentence, and the cause shall stand in full force, the supreme court, or the court of the county in which the conv…

546.710. Execution warrant issued to the director of department of corrections for execution of offender. — Upon such convicted offender being brought before the court, they shall proceed to inquire into the facts, and if no legal reasons exist against the execution of sentence, …

546.720. Death penalty — manner of execution — execution team to be selected, members, confidentiality. — 1. The manner of inflicting the punishment of death shall be by the administration of lethal gas or by means of the administration of lethal injection. And for such purpose t…

546.730. Place of executing judgment of death, duties of director. — A judgment of death must be executed within a correctional center of the department of corrections; and such execution shall be under the supervision and direction of the director of the department of correction…

546.740. Execution, witnesses. — The chief administrative officer of the correctional center, or his duly appointed representative shall be present at the execution and the director of the department of corrections shall invite the presence of the attorney general of the state, a…

546.750. Warrant of execution, how returned. — After the execution the chief administrative officer of the correctional facility shall make a return upon the death warrant to the court by which the judgment was rendered, showing the time, mode and manner in which it was executed.…

546.800. Pregnancy of female convict under death sentence — proceedings. — If, after any female convict shall be sentenced to the punishment of death, the officer having charge of her person shall have reason to suspect that she is pregnant, he shall in like manner summon a jury …

546.810. If found pregnant — sentence suspended. — The inquisition shall be signed by the jury and the officer in charge of such convict, and if it appear that such female convict is pregnant with child, her execution shall be suspended and the inquisition shall be transmitted to…

546.820. Execution ordered when causes for suspension cease. — Whenever the governor shall be satisfied that the cause of such suspension no longer exists, he shall issue his warrant, appointing a day for the execution of such convict, pursuant to her sentence; or he may, at his …

546.860. All property bound for fine and costs. — The property, real and personal, of any person charged with a criminal offense, shall be bound from the time of his final conviction of such offense, for the payment of all fines and costs which he may be adjudged to pay. ­­------…

[Repealed or reserved.]

546.880. May be consigned to workhouse, when. — Whenever any person shall, because of a conviction for any misdemeanor or felony, be subject to imprisonment in a county jail, such person may, at the discretion of the court, be confined in any workhouse or other place of imprisonm…