Missouri § 546.400 Verdict must show degree of guilt.

Missouri Statutes

§ 546.400 — Verdict must show degree of guilt.

Missouri § 546.400

Title XXXVIICRIMINAL PROCEDURE

Ch. 546Trials, Judgments and Executions in Criminal Cases

This text of Missouri § 546.400 (Verdict must show degree of guilt.) 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. § 546.400 (2026).

Text

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 defendant guilty.

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Legislative History

(RSMo 1939 § 4090) Prior revisions: 1929 § 3701; 1919 § 4045; 1909 § 5251 (1960) In prosecutions for stealing personal property of over fifty dollars in value defendant contending value was less than fifty dollars, the court instructed the jury to fix the punishment in accordance with the way they found the value of the property and the verdict finding the defendant "guilty of stealing and assess his punishment at two and one-half years in the Missouri department of corrections" was responsive and free from ambiguity as the offense of stealing does not have different degrees but different penalties. State v. McCarthy (Mo.), 336 S.W.2d 411.