Presence of prisoner in court.

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Effective - 28 Aug 1939

546.560. Presence of prisoner in court. — If the defendant is in custody, he must be brought before the court for judgment; if he is not present when his personal attendance is necessary, the court may order the clerk to issue a warrant for his arrest, which may be served in any county in the state, as a warrant of arrest in other cases.

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(RSMo 1939 § 4101)

Prior revisions: 1929 § 3712; 1919 § 4056; 1909 § 5262

(1956) Where defendant is heard on motion for new trial, failure of record to show allocution is not error. State v. Juvenile Defendants (A.), 291 S.W.2d 628.

(1967) Right of allocution is applicable only after conviction upon trial by jury. State v. McClanahan (Mo.), 418 S.W.2d 71.


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