Title XXXVII — CRIMINAL PROCEDURE

545.660. When judge deemed incompetent to try case. — When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause in either of the following cases: (1) When the…

545.690. Another circuit judge may sit, when. — If, in any case, the judge shall be incompetent to sit for any of the causes mentioned in section 545.660, the judge of the court shall set the case down for trial on some day of the term and notify and request another circuit judge…

545.700. Adjourned term held, when. — When any cause is set down for trial in vacation, as directed in section 545.690, the judge shall adjourn the term to that day, at which time an adjourned term of said court may be held for the trial of the cause; and the court shall notify o…

545.710. Continuances, when and how granted. — Continuances may be granted to either party in criminal cases for good cause shown, and the court may postpone the trial of any such case for good and sufficient reasons, of its own motion. When a continuance is allowed on the applic…

545.720. Contents of affidavit. — A motion to continue a cause on the part of the defendant on account of the absence of evidence must be supported by the oath or affidavit of the defendant or some reputable person in his behalf, showing the materiality of the evidence expected t…

545.730. Continuances on behalf of state, how obtained. — If the application for a continuance is by the state, the prosecuting attorney shall state in writing, under his oath of office, and according to his best information and belief, the same facts required to be stated in the…

545.740. Witnesses to enter into recognizance, when. — Whenever a criminal case shall be continued, all the witnesses in attendance shall be called by the court, and as many of them as the parties may desire shall be required to enter into recognizance for their appearance on the…

545.780. Speedy trial, when — what constitutes — failure to comply not grounds for dismissal, exception. — 1. If defendant announces that he is ready for trial and files a request for a speedy trial, then the court shall set the case for trial as soon as reasonably possible there…

545.790. Cause continued, when. — If any person indicted for a criminal offense abscond or flee from justice, or cannot be found to be served with process, or, being let to bail, shall not appear according to the condition of the recognizance, the cause may be continued from term…

545.800. Copy of indictment or information furnished accused on request. — Whenever an indictment is found, or an information filed, in a court of record, it shall be the duty of the clerk, upon the request of the defendant therein, to make out and deliver to him a copy of such i…

545.810. Defendant granted reasonable time to plead. — The defendant in an indictment or information in a court of record, shall not be required to plead thereto until he shall have had a reasonable time in which to examine the same and to prepare his pleading. ­­-------- (RSMo 1…

545.820. Court shall assign prisoner counsel, when. — If any person about to be arraigned upon an indictment for a felony be without counsel to conduct his defense, and be unable to employ any, it shall be the duty of the court to assign him counsel, at his request, not exceeding…

545.830. Dilatory pleas, when entertained. — No plea in abatement or other dilatory plea to an indictment or information shall be received by any court, unless the party offering such plea shall prove the truth thereof by affidavit or some other evidence. ­­-------- (RSMo 1939 § …

545.840. Matters pleaded occurring in another county. — When any matters shall be pleaded as having occurred in any other county than that in which the indictment or information was found, it shall be tried in the same manner as if it had been alleged to have occurred in the same…

545.850. Special term of court. — Whenever any person charged with an offense shall be confined in jail two months before the regular term of the court in which he is to be tried, the jailer shall, without delay, inform the judge of such court thereof, who, if he shall be satisfi…

545.860. If prisoner bailed, no special term. — If the prisoner shall be bailed or discharged, the jailer shall give the judge notice of the fact, who shall thereupon be exempted from the duty of holding a special term of his court. ­­-------- (RSMo 1939 § 2021) Prior revisions: …

545.870. Prosecuting attorney to be notified, when. — Where a special term shall be ordered, under section 545.850, the judge ordering the same shall cause a notice thereof to be served by the sheriff or any authorized person, on the prosecuting attorney, and the prisoner or pris…

[Repealed or reserved.]

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…

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…

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…

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 reason…

545.920. When defendant not entitled to discharge. — In all cities or counties in this state in which there shall be more than two regular terms of the court having jurisdiction of criminal cases, the defendant shall not be entitled to be discharged for the reasons and under the …

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 b…

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 defe…

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 l…

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…