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Title XXXVII CRIMINAL PROCEDURE

Chapter 545

previous next Effective - 28 Aug 1989bottom

  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.


---- end of effective   28 Aug 1989 ----

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