Section 12.16 Improper Joinder
| Library | Criminal Practice 2012 Supp |
3. (§12.16) Improper Joinder
Before 1971, when two or more offenses were charged, the state, upon objection, was required to make an election at the close of the evidence. See State v. Frankum, 425 S.W.2d 183 (Mo. 1968). A motion for an election may still lie or relief may be sought by requested instructions or by motion to dismiss. See Chapter 13 of this deskbook. If no objection is made to improper joinder, it is deemed waived. State v. Serna, 526 S.W.2d 66 (Mo. App. W.D. 1975). This rule has been found...
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