☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 546

< > Effective - 28 Aug 1939 bottom

  546.580.  Section 546.570 deemed directory, when. — If the defendant has been heard on a motion for a new trial, or in arrest of judgment, and in all cases of misdemeanor, the requirements of section 546.570 shall be deemed directory, and the omission to comply with it shall not invalidate the judgment or sentence of the court.

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(RSMo 1939 § 4103)

Prior revisions: 1929 § 3714; 1919 § 4058; 1909 § 5264

(1952) Where record showed motion for new trial filed and overruled but failed to show allocution, sentence and judgment, appeal was premature and cause must be remanded.  State v. Bledsoe (Mo.), 249 S.W.2d 457; (1952) State v. Skaggs (Mo.), 248 S.W.2d 635.

(1967) This section is mandatory and court has no power to impose concurrent sentences. State v. McClanahan (Mo.), 418 S.W.2d 71.


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

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