546.030. Prisoner must be present in court, when. - Missouri Statutes

Prisoner must be present in court, when.

546.030. No person indicted for a felony can be tried unlesshe be personally present, during the trial; nor can any person betried or be allowed to enter a plea of guilty in any other caseunless he be personally present, or the court and prosecutingattorney shall consent to such trial or plea in the absence ofthe defendant; and every person shall be admitted to make anylawful proof by competent witnesses or other testimony in hisdefense; provided, that in all cases the verdict of the jury maybe received by the court and entered upon the records thereof inthe absence of the defendant, when such absence on his part iswillful or voluntary, and when so received and entered shall havethe same force and effect as if received and entered in thepresence of such defendant; and provided further, that when therecord in the appellate court shows that the defendant waspresent at the commencement or any other stage of the trial, itshall be presumed, in the absence of all evidence in the recordto the contrary, that he was present during the whole trial.

(RSMo 1939 § 4054)

Prior revisions: 1929 § 3665; 1919 § 4008; 1909 § 5214

(1956) Where defendant charged with first degree murder was at liberty on bond and jury was discharged on its failure to reach verdict during his voluntary, although inadvertent absence from courtroom, his retrial did not constitute double jeopardy. State v. McCrary, 365 Mo. 799, 287 S.W.2d 785.

(1959) Absence of defendant's counsel from courtroom at time verdict was returned violated no constitutional right of defendant. State v. Smith (Mo.), 324 S.W.2d 707.

(1961) Defendant was not deprived of constitutional right to appear and defend in person where he was represented by competent counsel throughout all stages of trial and was personally present at all times except when voluntarily absent for short time during proceedings in chambers when record of prior convictions was presented to judge under second offender law. State v. Colbert (Mo.), 344 S.W.2d 115.

(1967) Accused's presence is not necessary during proceedings which are not part of the trial, such as preliminary or formal proceedings or motions which do not affect his guilt or innocence. State v. Durham (Mo.), 416 S.W.2d 79.

(1968) Where transcript on appeal did not affirmatively show defendant who was charged with a misdemeanor present at trial and no request for trial in his absence appeared in record, conviction could not stand. State v. Cook (Mo.), 432 S.W.2d 345.

(1976) Right to appear and defend in criminal prosecutions is a broader right than the statutory right to be personally present at the trial. A defendant may waive these rights and his counsel acting unilaterally may waive defendant's right to be present at a pretrial motion to suppress an oral confession. State v. Sanders (A.), 539 S.W.2d 458.