546.580. Section 546.570 deemed directory, when. - Missouri Statutes

Section 546.570 deemed directory, when.

546.580. If the defendant has been heard on a motion for anew trial, or in arrest of judgment, and in all cases ofmisdemeanor, the requirements of section 546.570 shall be deemeddirectory, and the omission to comply with it shall notinvalidate the judgment or sentence of the court.

(RSMo 1939 § 4103)

Prior revisions: 1929 § 3714; 1919 § 4058; 1909 § 5264

(1952) Where record showed motion for new trial filed and overruled but failed to show allocution, sentence and judgment, appeal was premature and cause must be remanded. State v. Bledsoe (Mo.), 249 S.W.2d 457; (1952) State v. Skaggs (Mo.), 248 S.W.2d 635.

(1967) This section is mandatory and court has no power to impose concurrent sentences. State v. McClanahan (Mo.), 418 S.W.2d 71.