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Section 546.280 Defendant may be discharged to testify for state.

MO Rev Stat § 546.280 (2019) (N/A)
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Effective 28 Aug 1939

546.280. Defendant may be discharged to testify for state. — 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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(RSMo 1939 § 4080)

Prior revisions: 1929 § 3691; 1919 § 4035; 1909 § 5241

CROSS REFERENCE:

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.

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