546.020. Plea of not guilty, not formally tendered. — When a person shall be arraigned upon any indictment or information, it shall not be necessary to ask him how he will be tried; and if he deny the charge in any form, or require a trial, or if he refuse to plead or answer and in all cases when he does not confess the charge to be true, a plea of not guilty shall be entered, and the same proceedings shall be had, in all respects, as if he had formally pleaded not guilty to such indictment or information; provided, however, that no judgment rendered in any criminal case shall be reversed, set aside or for naught held for the reason that the record does not show that the defendant was arraigned and a plea of not guilty entered, where a trial was had in all respects as though the defendant had been arraigned and had formally tendered the general issue under a plea of not guilty.
Notes of Decisions
Cited in
14
cases, 1962–1996 · leading case:
State v. Molasky, 655 S.W.2d 663 (Mo. Ct. App. 1983).
State v. Molasky, 655 S.W.2d 663 (Mo. Ct. App. 1983).
· cites it 2× “See § 546.020 RSMo. 1978. Therefore, appellant is correct in his contention that it was error not to include the general converse instructions in this case.”
State v. Miles, 364 S.W.2d 532 (Mo. 1963).
· cites it 3× “See Section 546.020 RSMo 1959, V.A.M.S.; Supreme Court Rule 25.”
State v. Fenner, 358 S.W.2d 867 (Mo. 1962).
· cites it 3× “” This information was not attacked by motion to dismiss, nor was any motion for a bill of particulars filed or ruled. See Supreme Court Rules 25.”
State v. Donnell, 430 S.W.2d 297 (Mo. 1968).
· cites it 2× “04, and § 546.020 RSMo 1959, V.A.M.S.). Rule 29.01(a) requires the court to appoint counsel for a person charged with the commission of a felony and unable to employ counsel who appears upon arraignment without counsel and requests the court to appoint counsel.”
State v. Alexander, 693 S.W.2d 216 (Mo. Ct. App. 1985).
· cites it 3× “Section 546.020 reads, in pertinent part: “[N]o judgment rendered in any criminal case shall be reversed, set aside or for naught held for the reason that the record does not show that the defendant was arraigned and a plea of not guilty entered, where a trial was had in all…”
State v. Benison, 415 S.W.2d 773 (Mo. 1967).
· cites it 2× “, and § 546.020, RSMo 1959, V.A. M.S. The court immediately appointed counsel to represent him, as required by Criminal Rule 29.”
State v. Berry, 916 S.W.2d 389 (Mo. Ct. App. 1996).
“Defendant proceeded to trial with his attorney on the charges, as amended, as if he had been arraigned and entered a plea of not guilty without making an objection on that basis.”
State v. Battle, 588 S.W.2d 65 (Mo. Ct. App. 1979).
“Accordingly, § 546.020 VAMS is controlling. It holds that if a defendant fails to plead not guilty, his conviction will not be reversed if the trial was held as if he had in fact pleaded not guilty.”
E. J. McClain v. Harold R. Swenson, 435 F.2d 327 (8th Cir. 1970).
“The undisputed fact is that when appellant appeared on the date set for arraignment he declined to plead to the indictment and thereupon the court entered a plea of not guilty for him.”
Simpson v. State, 637 S.W.2d 728 (Mo. Ct. App. 1982).
· cites it 2× “Movant alleges that § 546.020, RSMo 1978, prohibits an Alford-type plea.”
Stidham v. Swenson, 328 F. Supp. 1291 (W.D. Mo. 1970).
“The important question is whether the arraignment and preliminary hearing are critical stages in the proceedings in Missouri.”
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