Effective - 28 Aug 2020, 2 histories
545.140. Two or more persons and offenses may be charged in same indictment, when — separate counts for each offense — all defendants need not be joined in each count — separate trials, when — substantial prejudice, defined. — 1. Notwithstanding Missouri supreme court rule 24.06, two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
2. Notwithstanding Missouri supreme court rule 24.07, two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or infractions, or any combination thereof, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
3. Two or more defendants shall not be charged in the same indictment or information if substantial prejudice should result. For purposes of this section, "substantial prejudice" shall mean a bias or discrimination against one or more defendants or the state which is actually existing or real and not one which is merely imaginary, illusionary or nominal.
4. If two or more defendants are charged with being joint participants in a conspiracy charged under section 562.014, it shall be presumed that there is no substantial prejudice from them being charged in the same indictment or information or from them being tried together.
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(RSMo 1939 § 3942, A.L. 1984 S.B. 602, A.L. 2020 S.B. 600)
Prior revisions: 1929 § 3553; 1919 § 3898; 1909 § 5105