Section 12.13 Motion to Require an Election

• Library: Criminal Practice 2012 Supp

K. (§12.13) Motion to Require an Election

For discussions of a motion to require an election, see State v. Foster, 225 S.W. 671 (Mo. 1920), and State v. Frankum, 425 S.W.2d 183 (Mo. 1968). This motion may lie when the prosecution has charged the commission of the same offense in two ways (e.g., an offense charged in the alternative or a rape case where several acts of intercourse are alleged or proved). The court may not require an election until the close of the evidence, State v. Seay, 222 S.W. 427 (Mo...