545.885. Joint trials for persons jointly charged--exceptions--substantial prejudice defined. - Missouri Statutes

Joint trials for persons jointly charged--exceptions--substantialprejudice defined.

545.885. 1. Notwithstanding Missouri supreme court rule24.07, whenever two or more offenses are jointly charged in anindictment or information, the court shall order both or alloffenses to be tried together.

2. If it appears that a defendant or the state issubstantially prejudiced by a joinder of the offenses for trial,upon a written motion of the defendant or the state and upon aparticularized showing of substantial prejudice, the court maygrant a severance of offenses or provide whatever relief justicerequires. For purposes of this section, "substantial prejudice"shall mean a bias or discrimination against the defendant or thestate which is actually existing or real and not one which ismerely imaginary, illusionary or nominal.

3. Each defendant tried jointly under this section shall beentitled to peremptory challenges as set out in section 494.480,RSMo.

4. The word "evidence", as used in this section, shall notbe construed to include evidence as to character or reputation.

(L. 1963 p. 670, A.L. 1980 H.B. 1138, et al., A.L. 1984 S.B. 602, A.L. 1989 S.B. 127, et al.)

(1966) This statute does not violate equal protection clause of 14th amendment of U.S. Constitution merely because it is not applicable to all offenses which relate in any manner to sex. State v. Lee (Mo.), 404 S.W.2d 740.