Section 546.050

Title XXXVII CRIMINAL PROCEDURE

Chapter 546

Effective - 28 Aug 1939   

  546.050.  Misdemeanors may be tried by court. — But the defendant and prosecuting attorney, with the assent of the court, may submit the trial of misdemeanors to the court, whose finding in all such offenses shall have the force and effect of the verdict of a jury.

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(RSMo 1939 § 4052)

Prior revisions: 1929 § 3663; 1919 § 4006; 1909 § 5213

(1953) On appeal, in misdemeanor trial where jury was waived, the finding of the court on the merits must be allowed to stand if supported by substantial evidence. State v. Sargent, 241 A. 1085, 256 S.W.2d 265.

(1953) In usury prosecution, where jury is waived and requested declarations of law state correct principles and there is substantial evidence on which to base them, and they are seasonably offered, it is error to refuse to give them. State v. Sargent, 241 A. 1085, 256 S.W.2d 265.

(1962) Where defendant in a misdemeanor case is present and represented by counsel, and there is no request for a jury, his consent to be tried by the court is presumed. State v. Belleville (A.), 362 S.W.2d 77.