546.280. Defendant may be discharged to testify for state. - Missouri Statutes

Defendant may be discharged to testify for state.

546.280. When two or more persons shall be jointly indictedor prosecuted, the court may, at any time before the defendantshave gone into their defense, direct any defendant to bedischarged, that he may be a witness for the state. A defendantshall, also, when there is not sufficient evidence to put him onhis defense, at any time before the evidence is closed, bedischarged by the court for the purpose of giving his testimonyfor a codefendant. The order of discharge shall be a bar toanother prosecution for the same offense.

(RSMo 1939 § 4080)

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

CROSS REFERENCE:

Persons convicted of crime competent witnesses, RSMo 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.