Missouri Revised Statutes
Chapter 545 - Proceedings Before Trial
Section 545.885 - Joint trials for persons jointly charged — exceptions — substantial prejudice defined.

Effective - 28 Aug 1989
545.885. Joint trials for persons jointly charged — exceptions — substantial prejudice defined. — 1. Notwithstanding Missouri supreme court rule 24.07, whenever two or more offenses are jointly charged in an indictment or information, the court shall order both or all offenses to be tried together.
2. If it appears that a defendant or the state is substantially prejudiced by a joinder of the offenses for trial, upon a written motion of the defendant or the state and upon a particularized showing of substantial prejudice, the court may grant a severance of offenses or provide whatever relief justice requires. For purposes of this section, "substantial prejudice" shall mean a bias or discrimination against the defendant or the state which is actually existing or real and not one which is merely imaginary, illusionary or nominal.
3. Each defendant tried jointly under this section shall be entitled to peremptory challenges as set out in section 494.480.
4. The word "evidence", as used in this section, shall not be construed to include evidence as to character or reputation.
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(L. 1963 p. 670, A.L. 1980 H.B. 1138, et al., A.L. 1984 S.B. 602, A.L. 1989 S.B. 127, et al.)
(1966) This statute does not violate equal protection clause of 14th amendment of U.S. Constitution merely because it is not applicable to all offenses which relate in any manner to sex. State v. Lee (Mo.), 404 S.W.2d 740.

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVII - Criminal Procedure

Chapter 545 - Proceedings Before Trial

Section 545.010 - Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.

Section 545.015 - Definitions.

Section 545.020 - Recovery of fine or forfeiture, how.

Section 545.030 - Indictments and informations, when valid.

Section 545.040 - Indictments signed by whom.

Section 545.050 - Name of prosecutor on indictment, when.

Section 545.060 - Indictment to have name of prosecutor — by whom made — effect of failure.

Section 545.070 - Names of witnesses must be affixed to indictment.

Section 545.080 - Indictments, when not to be made public.

Section 545.090 - Judges and others forbidden to disclose finding of indictment.

Section 545.100 - Officer may make disclosure, when.

Section 545.110 - Second indictment suspends first, when.

Section 545.130 - Different degrees of same offense may be incorporated.

Section 545.140 - Two or more persons and offenses may be charged in same indictment, when — separate counts for each offense — all defendants need not be joined in each count — separate trials, when — substantial prejudice, defined.

Section 545.150 - Indictments in relation to property belonging to several owners.

Section 545.160 - Venue, how stated.

Section 545.170 - Intent to injure or defraud, how charged.

Section 545.180 - Certain indictments, what designation sufficient.

Section 545.190 - Identification of counterfeiting equipment.

Section 545.200 - Instruments, how described.

Section 545.210 - Money or note, how described.

Section 545.220 - Demurrer or motion to quash indictment must specify grounds.

Section 545.230 - Indictment by wrong name.

Section 545.240 - Informations — how filed, verified.

Section 545.250 - Who may make affidavit.

Section 545.260 - Lost affidavit, how replaced.

Section 545.270 - Form of information.

Section 545.280 - Prosecuting witness, who deemed.

Section 545.290 - Statute of jeofails applicable to proceedings by information.

Section 545.300 - Informations — amendment — substitution for defective indictment.

Section 545.310 - Issuance of warrant — recognizance after arrest.

Section 545.320 - Issuance of subpoenas for state witnesses.

Section 545.330 - Issuance of subpoenas for defense witnesses.

Section 545.340 - Disobedience to subpoena, how punished.

Section 545.350 - Tender of fees not necessary.

Section 545.360 - Law governing witnesses in civil cases to apply.

Section 545.370 - Witness to attend until end of case — consequences of failure to so attend.

Section 545.380 - Defense witnesses — commission to take deposition, when.

Section 545.390 - Depositions to be taken and read as in civil cases.

Section 545.400 - Conditional examination of witnesses.

Section 545.410 - Duty of prosecuting attorney in taking depositions.

Section 545.415 - Criminal cases, prosecutors and circuit attorneys may take depositions of any person, procedure — prisoners deposed, where.

Section 545.420 - Indictment against judge to be removed to another circuit.

Section 545.430 - Change of venue may be granted defendant.

Section 545.440 - Change of venue in counties where court held at more than one place.

Section 545.450 - When case may be removed to another circuit.

Section 545.460 - Removal to be made on application of defendant.

Section 545.470 - Application for change of venue, when made.

Section 545.473 - Cole County, change of venue, procedure.

Section 545.480 - Additional affidavit, when made.

Section 545.490 - Petition for change of venue must be proved and may be rebutted.

Section 545.500 - Order for removal shall specify what.

Section 545.510 - Order for removal, where entered.

Section 545.520 - Recognizance to be given.

Section 545.530 - Who may take recognizance.

Section 545.540 - Order for removal void, unless bail given.

Section 545.550 - Defendant in custody, to be removed, when — which county jail to house defendant.

Section 545.560 - Duty of sheriff.

Section 545.570 - In case of removal, transcript of record to be made.

Section 545.580 - Transcript to be filed.

Section 545.590 - Lost transcript may be replaced.

Section 545.600 - Witnesses to attend trial in cases of removal.

Section 545.610 - In case of removal, when notice to be given.

Section 545.620 - Costs, how taxed and paid.

Section 545.630 - Clerk, when liable to civil action.

Section 545.640 - Change of venue for one not to affect other defendants.

Section 545.650 - Change of venue and disqualification of judges in multiple-judge circuits.

Section 545.660 - When judge deemed incompetent to try case.

Section 545.690 - Another circuit judge may sit, when.

Section 545.700 - Adjourned term held, when.

Section 545.710 - Continuances, when and how granted.

Section 545.720 - Contents of affidavit.

Section 545.730 - Continuances on behalf of state, how obtained.

Section 545.740 - Witnesses to enter into recognizance, when.

Section 545.780 - Speedy trial, when — what constitutes — failure to comply not grounds for dismissal, exception.

Section 545.790 - Cause continued, when.

Section 545.800 - Copy of indictment or information furnished accused on request.

Section 545.810 - Defendant granted reasonable time to plead.

Section 545.820 - Court shall assign prisoner counsel, when.

Section 545.830 - Dilatory pleas, when entertained.

Section 545.840 - Matters pleaded occurring in another county.

Section 545.850 - Special term of court.

Section 545.860 - If prisoner bailed, no special term.

Section 545.870 - Prosecuting attorney to be notified, when.

Section 545.880 - Joint trials, when — separate trials for joint defendants, when — probability of prejudice exists, when.

Section 545.885 - Joint trials for persons jointly charged — exceptions — substantial prejudice defined.

Section 545.890 - Defendant imprisoned — discharge if not tried before end of second term.

Section 545.900 - Defendant on bail — discharged if not tried before end of third term.

Section 545.910 - When state not entitled to further continuance.

Section 545.920 - When defendant not entitled to discharge.

Section 545.930 - Endorsement or signature of pleadings in criminal cases.

Section 545.940 - Defendant may be tested for various serious infectious or communicable diseases, when.

Section 545.950 - Child victim of sexual offense, video and aural recordings and photographs, defendant not to copy or distribute without court order.