section 546.270 prohibition (Missouri) · Go Syfert
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section 546.270 prohibition in Missouri

5 Missouri opinions name it 2 courts 1969–1981 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. Morgangreen
mo · 1969 · cited in 3 Missouri opinions naming this issue, 1973–1981
2 sentences

1978In Morgan, supra, the Missouri Supreme Court held that the prohibition of § 546.270 RSMo1969, and Rule 26.08, V.A.M.R. is against comments that the accused did not testify, and not comments that the accused did not offer any evidence.

1973As stated in State v. Morgan, 444 S.W.2d 490, 493 (Mo.1969), “the prohibition of § 546.270 RSMo 19 [6] 9 and Criminal Rule 26.08 is against comment that the accused did not testify; not that the defendant did not offer any evidence.” See, also, State v. Robb, 439 S. W.2d 510 (Mo.1961); State v. Kilgore, 447 S.W.2d 544 (Mo.1969); State v. Hutchinson, 458 S.W.2d 553 (banc 1970).

23
State v. Hamiltongreen
moctapp · 1980 · cited in 1 Missouri opinions naming this issue, 1981–1981
1 sentence

1981State v. Morgan, 444 S.W.2d 490, 493 (Mo.1969); State v. Hamilton, 612 S.W.2d 141, 145 (Mo.App.1980).

11
State v. Craiggreen
mo · 1966 · cited in 1 Missouri opinions naming this issue, 1969–1969
2 sentences

1969As to (2) : State v. Craig, Mo.Sup., 406 S.W.2d 618, 624 [12], held that the comment that the testmony of the state’s witnesses is “uncontradicted” is not an improper comment on defendant’s failure to testify, citing State v. Willis, Mo.Sup., 328 S.W.2d 593 , and authorities, l. c. 595.

1969As to (2): State v. Craig, Mo.Sup., 406 S.W.2d 618, 624 [12], held that the comment that the testmony of the state's witnesses is "uncontradicted" is not an improper comment on defendant's failure to testify, citing State v. Willis, Mo.Sup., 328 S.W.2d 593 , and authorities, l. c. 595.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
State v. Michael green
mo · 1962
2 sentences

1980As stated in State v. Michael, Mo.Sup., 361 S.W.2d 664, 667 , the prohibition of § 546.270 RSMo 1959, and Criminal Rule 26.08 is against comment that the accused did not testify; not that the defendant did not offer any evidence.

1969As stated in State v. Michael, Mo.Sup., 361 S.W.2d 664, 667 , the prohibition of § 546.270, RSMo 1959, and Criminal Rule 26.08 is against comment that the accused did not testify; not that the defendant did not offer any evidence.

21969–1980
State v. Kilgore green
mo · 1969
1 sentence

1973As stated in State v. Morgan, 444 S.W.2d 490, 493 (Mo.1969), “the prohibition of § 546.270 RSMo 19 [6] 9 and Criminal Rule 26.08 is against comment that the accused did not testify; not that the defendant did not offer any evidence.” See, also, State v. Robb, 439 S. W.2d 510 (Mo.1961); State v. Kilgore, 447 S.W.2d 544 (Mo.1969); State v. Hutchinson, 458 S.W.2d 553 (banc 1970).

11973–1973
State v. Robb green
mo · 1969
1 sentence

1973As stated in State v. Morgan, 444 S.W.2d 490, 493 (Mo.1969), “the prohibition of § 546.270 RSMo 19 [6] 9 and Criminal Rule 26.08 is against comment that the accused did not testify; not that the defendant did not offer any evidence.” See, also, State v. Robb, 439 S. W.2d 510 (Mo.1961); State v. Kilgore, 447 S.W.2d 544 (Mo.1969); State v. Hutchinson, 458 S.W.2d 553 (banc 1970).

11973–1973
State v. Hutchinson green
mo · 1970
1 sentence

1973As stated in State v. Morgan, 444 S.W.2d 490, 493 (Mo.1969), “the prohibition of § 546.270 RSMo 19 [6] 9 and Criminal Rule 26.08 is against comment that the accused did not testify; not that the defendant did not offer any evidence.” See, also, State v. Robb, 439 S. W.2d 510 (Mo.1961); State v. Kilgore, 447 S.W.2d 544 (Mo.1969); State v. Hutchinson, 458 S.W.2d 553 (banc 1970).

11973–1973
State v. Willis green
mo · 1959
2 sentences

1969As to (2) : State v. Craig, Mo.Sup., 406 S.W.2d 618, 624 [12], held that the comment that the testmony of the state’s witnesses is “uncontradicted” is not an improper comment on defendant’s failure to testify, citing State v. Willis, Mo.Sup., 328 S.W.2d 593 , and authorities, l. c. 595.

1969As to (2): State v. Craig, Mo.Sup., 406 S.W.2d 618, 624 [12], held that the comment that the testmony of the state's witnesses is "uncontradicted" is not an improper comment on defendant's failure to testify, citing State v. Willis, Mo.Sup., 328 S.W.2d 593 , and authorities, l. c. 595.

11969–1969

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