Effective - 28 Aug 1939
546.400. Verdict must show degree of guilt. — Upon the trial of any indictment for any offense where by law there may be conviction for different degrees of such offense, the jury, if they convict the defendant of a degree of the offense inferior to the offense alleged in the indictment, shall specify in their verdict of what degree of the offense they find the defendant guilty.
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(RSMo 1939 § 4090)
Prior revisions: 1929 § 3701; 1919 § 4045; 1909 § 5251
(1960) In prosecutions for stealing personal property of over fifty dollars in value defendant contending value was less than fifty dollars, the court instructed the jury to fix the punishment in accordance with the way they found the value of the property and the verdict finding the defendant "guilty of stealing and assess his punishment at two and one-half years in the Missouri department of corrections" was responsive and free from ambiguity as the offense of stealing does not have different degrees but different penalties. State v. McCarthy (Mo.), 336 S.W.2d 411.
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 546 - Trials, Judgments and Executions in Criminal Cases
Section 546.010 - Proceedings upon information, how conducted.
Section 546.020 - Plea of not guilty, not formally tendered.
Section 546.030 - Prisoner must be present in court, when.
Section 546.040 - Issues of fact to be tried by jury.
Section 546.050 - Misdemeanors may be tried by court.
Section 546.060 - Practice in civil case to apply, when.
Section 546.070 - Order of trial — instructions, requirements.
Section 546.080 - Variance between charge and proof.
Section 546.090 - Court may amend record, when — clerk to certify corrections.
Section 546.095 - Offense not cognizable before associate circuit judge — procedure.
Section 546.250 - Person injured may testify.
Section 546.263 - Domestic assault, victim may testify by video conference — local court rules.
Section 546.270 - Failure to testify not to prejudice defendant.
Section 546.280 - Defendant may be discharged to testify for state.
Section 546.300 - Existence of corporation, how proved.
Section 546.360 - Defense of former jeopardy may be proved, when.
Section 546.370 - Exceptions may be taken as in civil cases.
Section 546.380 - Court not to charge, but may instruct jury.
Section 546.390 - Verdict of jury, how rendered.
Section 546.400 - Verdict must show degree of guilt.
Section 546.540 - Confinement of insane persons, costs paid, how.
Section 546.550 - Presence of prisoner at rendition of judgment.
Section 546.560 - Presence of prisoner in court.
Section 546.570 - Hearing before sentence.
Section 546.580 - Section 546.570 deemed directory, when.
Section 546.590 - Judgment to be entered by clerk.
Section 546.600 - Copy of judgment of conviction to sheriff.
Section 546.610 - Copy of commitment to sheriff — prisoner, how and where delivered.
Section 546.620 - Power of sheriff to summon aid.
Section 546.650 - Court may require security to keep the peace.
Section 546.660 - Section 546.650 construed.
Section 546.670 - Recognizance, when broken.
Section 546.680 - Capital cases, duty of court.
Section 546.690 - Statement of conviction and judgment to governor.
Section 546.700 - Sentence not executed, procedure.
Section 546.730 - Place of executing judgment of death, duties of director.
Section 546.740 - Execution, witnesses.
Section 546.750 - Warrant of execution, how returned.
Section 546.800 - Pregnancy of female convict under death sentence — proceedings.
Section 546.810 - If found pregnant — sentence suspended.
Section 546.820 - Execution ordered when causes for suspension cease.
Section 546.860 - All property bound for fine and costs.
Section 546.870 - Executions shall issue, when.
Section 546.880 - May be consigned to workhouse, when.
Section 546.881 - St. Louis City workhouse, commitment.
Section 546.890 - Persons committed to workhouse imprisoned for full term.