Mo. Rev. Stat. § 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.
Revised Statutes of Missouri Chapter 546 — Trials, Judgments and Executions in Criminal Cases
Missouri · statute · Mo. Rev. Stat. ch. 546 · 54 active provisions
Mo. Rev. Stat. § 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 ent…
Mo. Rev. Stat. § 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…
Mo. Rev. Stat. § 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.
Mo. Rev. Stat. § 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.
Mo. Rev. Stat. § 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.
Mo. Rev. Stat. § 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 and offer evidence in support thereof; (3) The parties may then respectivel…
Mo. Rev. Stat. § 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…
Mo. Rev. Stat. § 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 ti…
Mo. Rev. Stat. § 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.
Mo. Rev. Stat. § 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.
Mo. Rev. Stat. § 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 examination, or by reason of being the husband or wife of the accused, but any such facts may be shown for the purpose of affecting the credibility of such witness; provided, that no…
Mo. Rev. Stat. § 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 neces…
Mo. Rev. Stat. § 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 permit…
Mo. Rev. Stat. § 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 enforce…
Mo. Rev. Stat. § 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 accused, nor shall the same raise any presumption of guilt, nor be referred to by any attorney in the…
Mo. Rev. Stat. § 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…
Mo. Rev. Stat. § 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 gen…
Mo. Rev. Stat. § 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.
Mo. Rev. Stat. § 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…
Mo. Rev. Stat. § 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 cau…
Mo. Rev. Stat. § 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 ter…
Mo. Rev. Stat. § 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 de…
Mo. Rev. Stat. § 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 othe…
Mo. Rev. Stat. § 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…
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