Missouri § 546.280 Defendant may be discharged to testify for state.

Missouri Statutes

§ 546.280 — Defendant may be discharged to testify for state.

Missouri § 546.280

Title XXXVIICRIMINAL PROCEDURE

Ch. 546Trials, Judgments and Executions in Criminal Cases

This text of Missouri § 546.280 (Defendant may be discharged to testify for state.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 546.280 (2026).

Text

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 time before the evidence is closed, be discharged by the court for the purpose of giving his testimony for a codefendant.  The order of discharge shall be a bar to another prosecution for the same offense.

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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 time before the evidence is closed, be discharged by the court for the purpose of giving his testimony for a codefendant. The order of discharge shall be a bar to another prosecution for the same offense.

Legislative History

(RSMo 1939 § 4080) Prior revisions: 1929 § 3691; 1919 § 4035; 1909 § 5241 Persons convicted of crime competent witnesses, 491.050 (1968) This section does not prevent codefendant from testifying for state after the charge against him has been disposed of by plea of guilty and before sentencing. Irregularity of asking status of witness' case in hearing of jury not prejudiced in this case. State v. Blevins (Mo.), 427 S.W.2d 367.