Section 13.76 Missouri Statutes Prohibiting Double Jeopardy

• Library: Criminal Practice 2012 Supp

E. (§13.76) Missouri Statutes Prohibiting Double Jeopardy

Section 556.041, RSMo 2000, provides that, when the same conduct is a violation of more than one offense, a defendant may be prosecuted for each such offense. But the defendant may not be convicted of more than one offense if:

one is a lesser-included offense or an attempt to commit the offense charged, as defined in § 556.046, RSMo Supp. 2004;

inconsistent findings of fact are required for each offense;

the offenses differ only in that one is...