☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 546

< > Effective - 28 Aug 1939 bottom

  546.080.  Variance between charge and proof. — Whenever on the trial of any felony or misdemeanor, there shall appear to be any variance between the statement in the indictment or information and the evidence offered in proof thereof, in the Christian name or surname, or both the Christian name and surname, or other description whatsoever, or any person whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, such variance shall not be deemed grounds for an acquittal of the defendant, unless the court before which the trial shall be had shall find that such variance is material to the merits of the case and prejudicial to the defense of the defendant.

­­--------

(RSMo 1939 § 3951)

Prior revisions: 1929 § 3562; 1919 § 3907; 1909 § 5114

(1964) Court did not err in permitting substitution of information for indictment at close of evidence and before submission of case to jury where the only difference was that information stated both the name and alias of person to whom defendant sold marijuana and indictment stated only the alias since defendant had known for over a month the true name of the person named in indictment. State v. Whittington (Mo.), 379 S.W.2d 518.


---- end of effective  28 Aug 1939 ----

use this link to bookmark section  546.080

Effective dates prior to 1940 may not be the actual effective date. See FAQ 'When do laws become effective?'


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@13:07:02.6 89 :)