Section 546.090

Title XXXVII CRIMINAL PROCEDURE

Chapter 546

Effective - 28 Aug 1939   

  546.090.  Court may amend record, when — clerk to certify corrections. — Upon the trial of any indictment or information the court may at any stage of the proceeding, in furtherance of justice, amend or supply any pleading, writ, process, entry, return or other proceedings; and the court in which the indictment was found, or the information filed, or in which the trial is had, may at any time before final disposition of the cause, either in such court or the court to which the same may have been appealed, and, whether at the same or different term of court, amend or supply any record in accordance with the fact.  If the same be pending on appeal at the time any such record is amended or supplied, the part thereof so amended or supplied shall be immediately certified to the appellate court by the clerk of such trial court.

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(RSMo 1939 § 3954)

Prior revision: 1929 § 3565

(1953) Reference in argument by state's attorney to defendant as "spook" and "burglar" held not error where court admonished jury that there was no justification for the statement and directed that it be stricken and disregarded entirely.  State v. Rousslang (Mo.), 258 S.W.2d 627.