Joinder of offenses, exception
This law is about when multiple crimes can be put together in the same court case. Normally, a first degree murder charge has to be tried separately from other crimes. But there are exceptions: if the person has been proven to be a repeat offender before trial, or if the state gives up the option of the death penalty, then the murder charge can be tried together with other charges. When crimes against the same person are charged, the state does not have to pick just one charge to go forward with.
565.004. , — s, procedure, exception, first degree murder — , first degree murder, of . — 1. Each which is lawfully in the same or together with any homicide offense or other than a shall be charged together with such offense in separate counts. A count charging any offense of homicide may only be charged and tried together with one or more counts of any other homicide or offense other than a homicide as provided in 2 of section 545.140. Except as provided in subsections 2, 3, and 4 of this section, no offense may be tried together with any offense other than murder in the first degree. In the event of a joinder of homicide offenses, all offenses charged which are supported by the evidence in the case, together with all proper under section 565.029, shall, when requested by one of the parties or the court, be submitted to the jury or, in a , considered by the judge.
2. A count charging any offense of homicide of a particular individual may be joined in an indictment or information and tried with one or more counts charging alternatively any other homicide or offense other than a homicide committed against that individual. The state shall not be required to make an as to the alternative count on which it will proceed. This subsection in no way limits the right to try in the , where they are properly joined under subsection 1 of this section, either separate offenses other than murder in the first degree or separate offenses of murder in the first degree committed against different individuals.
3. When a has been charged and proven before trial to be a prior offender chapter 558 so that the judge shall punishment and not a jury for an offense other than murder in the first degree, that offense may be tried and submitted to the together with any murder in the first degree charge with which it is lawfully joined. In such case the judge will assess punishment on any offense joined with a murder in the first degree charge according to law and, when the trier is a jury, it shall be instructed upon punishment on the charge of murder in the first degree in accordance with section 565.030.
4. When the state waives the death penalty for a murder first degree offense, that offense may be tried and submitted to the trier together with any other charge with which it is lawfully joined.
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491) Effective 1-01-17 (1989) Plain language of statute indicates circumstances allowing joinder of offenses with first degree murder are limited; however, where the charges arise from the same transaction and relate to acts committed against the same victim, the murder and armed criminal action can be joined and tried together. (Mo.banc) State ex rel. Bulloch v. Seier, 771 S.W.2d 71.
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