565.004. Joinder of offenses, exception--prior offenders, procedure, exception, first degree murder--joinder, first degree murder, waiver of death penalty. - Missouri Statutes

Joinder of offenses, exception--prior offenders, procedure,exception, first degree murder--joinder, first degree murder, waiverof death penalty.

565.004. 1. Each homicide offense which is lawfully joinedin the same indictment or information together with any homicideoffense or offense other than a homicide shall be chargedtogether with such offense in separate counts. A count chargingany offense of homicide may only be charged and tried togetherwith one or more counts of any other homicide or offense otherthan a homicide as provided in subsection 2 of section 545.140,RSMo. Except as provided in subsections 2, 3, and 4 of thissection, no murder in the first degree offense may be triedtogether with any offense other than murder in the first degree.In the event of a joinder of homicide offenses, all offensescharged which are supported by the evidence in the case, togetherwith all proper lesser offenses under section 565.025, shall,when requested by one of the parties or the court, be submittedto the jury or, in a jury-waived trial, considered by the judge.

2. A count charging any offense of homicide of a particularindividual may be joined in an indictment or information andtried with one or more counts charging alternatively any otherhomicide or offense other than a homicide committed against thatindividual. The state shall not be required to make an electionas to the alternative count on which it will proceed. Thissubsection in no way limits the right to try in the conjunctive,where they are properly joined under subsection 1 of thissection, either separate offenses other than murder in the firstdegree or separate offenses of murder in the first degreecommitted against different individuals.

3. When a defendant has been charged and proven beforetrial to be a prior offender pursuant to chapter 558, RSMo, sothat the judge shall assess punishment and not a jury for anoffense other than murder in the first degree, that offense maybe tried and submitted to the trier together with any murder inthe first degree charge with which it is lawfully joined. Insuch case the judge will assess punishment on any offense joinedwith a murder in the first degree charge according to law and,when the trier is a jury, it shall be instructed upon punishmenton the charge of murder in the first degree in accordance withsection 565.030.

4. When the state waives the death penalty for a murderfirst degree offense, that offense may be tried and submitted tothe trier together with any other charge with which it islawfully joined.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1993 S.B. 180)

*No continuity with § 565.004 as repealed by L. 1983 S.B. 276.

(1989) Plain language of statute indicates circumstances allowing joinder of offenses with first degree murder are limited; however, where the charges arise from the same transaction and relate to acts committed against the same victim, the murder and armed criminal action can be joined and tried together. (Mo.banc) State ex rel. Bulloch v. Seier, 771 S.W.2d 71.