546.020. Plea of not guilty, not formally tendered. - Missouri Statutes

Plea of not guilty, not formally tendered.

546.020. When a person shall be arraigned upon anyindictment or information, it shall not be necessary to ask himhow he will be tried; and if he deny the charge in any form, orrequire a trial, or if he refuse to plead or answer and in allcases when he does not confess the charge to be true, a plea ofnot guilty shall be entered, and the same proceedings shall behad, in all respects, as if he had formally pleaded not guilty tosuch indictment or information; provided, however, that nojudgment rendered in any criminal case shall be reversed, setaside or for naught held for the reason that the record does notshow that the defendant was arraigned and a plea of not guiltyentered, where a trial was had in all respects as though thedefendant had been arraigned and had formally tendered thegeneral issue under a plea of not guilty.

(RSMo 1939 § 4004)

Prior revisions: 1929 § 3615; 1919 § 3958; 1909 § 5165

(1951) Where jury was present when information was read and was permitted to hear defendant's refusal to plead thereto but where court gave instruction that information "is a mere formal statement * * * and is no evidence whatever of his guilt" there was no prejudicial error. State v. Lamb (Mo.), 239 S.W.2d 496.