Montana § 46-11-405 Discharge Of Codefendant

Montana Statutes

§ 46-11-405 — Discharge Of Codefendant

Montana § 46-11-405

Title 46CRIMINAL PROCEDURE

Ch. 11COMMENCEMENT OF PROSECUTION

Part 4The Charge

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Bluebook

Mont. Code Ann. § 46-11-405 (2026).

Text

46-11-405 . Discharge of codefendant.

(1)When two or more persons are included in the same charge, the court may, at any time before the defendants have gone into their defense, on the application of the prosecutor, direct any defendant to be discharged so that the defendant may be a witness for the prosecution.

(2)When two or more persons are included in the same indictment or information and the court is of the opinion that in regard to a particular defendant there is not sufficient evidence to require the defendant to put on a defense, the court must order that defendant to be discharged before the evidence is closed so that the discharged defendant may be a witness for the codefendant.

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46-11-405 . Discharge of codefendant. (1) When two or more persons are included in the same charge, the court may, at any time before the defendants have gone into their defense, on the application of the prosecutor, direct any defendant to be discharged so that the defendant may be a witness for the prosecution.
(2) When two or more persons are included in the same indictment or information and the court is of the opinion that in regard to a particular defendant there is not sufficient evidence to require the defendant to put on a defense, the court must order that defendant to be discharged before the evidence is closed so that the discharged defendant may be a witness for the codefendant.

Legislative History

En. Sec. 187, p. 245, Bannack Stat.; re-en. Sec. 308, p. 237, Cod. Stat. 1871; re-en. Sec. 308, 3d Div. Rev. Stat. 1879; re-en. Sec. 309, 3d Div. Comp. Stat. 1887; amd. Secs. 2075, 2076, Pen. C. 1895; re-en. Secs. 9276, 9277, Rev. C. 1907; re-en. Secs. 11974, 11975, R.C.M. 1921; Cal. Pen. C. Secs. 1099, 1100; re-en. Secs. 11974, 11975, R.C.M. 1935; Secs. 94-7206, 94-7207, R.C.M. 1947; redes. 95-1504(d) and (e) by Sec. 29, Ch. 513, L. 1973; amd. Sec. 19, Ch. 184, L. 1977; R.C.M. 1947, 95-1504(5), (6); amd. Sec. 18, Ch. 262, L. 1993.