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 - Missouri Statutes

Two or more persons and offenses may be charged in same indictment,when--separate counts for each offense--all defendants need not bejoined in each count--separate trials, when--substantial prejudice,defined.

545.140. 1. Notwithstanding supreme court rule 24.06, twoor more defendants may be charged in the same indictment orinformation if they are alleged to have participated in the sameact or transaction or in the same series of acts or transactionsconstituting an offense. Such defendants may be charged in oneor more counts together or separately and all of the defendantsneed not be charged in each count.

2. Notwithstanding Missouri supreme court rule 24.07, two ormore offenses may be charged in the same indictment orinformation in a separate count for each offense if the offensescharged, whether felonies or misdemeanors or infractions, or anycombination thereof, are of the same or similar character or arebased on the same act or transaction or on two or more acts ortransactions connected together or constituting parts of a commonscheme or plan.

3. Two or more defendants shall not be charged in the sameindictment or information if substantial prejudice should result.For purposes of this section, "substantial prejudice" shall meana bias or discrimination against one or more defendants or thestate which is actually existing or real and not one which ismerely imaginary, illusionary or nominal.

(RSMo 1939 § 3942, A.L. 1984 S.B. 602)

Prior revisions: 1929 § 3553; 1919 § 3898; 1909 § 5105