Missouri Revised Statutes
Mo. Rev. Stat. § 546.560 (2026)
Presence of prisoner in court
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546.560. Presence of prisoner in court. — If the defendant is in custody, he must be brought before the court for judgment; if he is not present when his personal attendance is necessary, the court may order the clerk to issue a warrant for his arrest, which may be served in any county in the state, as a warrant of arrest in other cases.
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(RSMo 1939 § 4101)
Prior revisions: 1929 § 3712; 1919 § 4056; 1909 § 5262
(1956) Where defendant is heard on motion for new trial, failure of record to show allocution is not error. State v. Juvenile Defendants (A.), 291 S.W.2d 628.
(1967) Right of allocution is applicable only after conviction upon trial by jury. State v. McClanahan (Mo.), 418 S.W.2d 71.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1954–2023 · leading case: Roll v. Bowersox, 16 F. Supp. 2d 1066 (W.D. Mo. 1998).
Roll v. Bowersox, 16 F. Supp. 2d 1066 (W.D. Mo. 1998). “Because the Missouri courts have consistently applied a different definition of allocution, see Mo.Rev.Stat. § 546.560 ("[wjhen the defendant appears for judgment, he must be .”
State of Missouri v. Jason L. Berry, 506 S.W.3d 357 (Mo. Ct. App. 2016). “” § 546.560. 9 . "If the defendant has been convicted of a felony, he must be personally present when sentence and judgment are pronounced.”
State v. Grant, 380 S.W.2d 799 (Mo. 1964). “08 and § 546.560), and grant him allocution (S.Ct.”
State v. Weidlich, 269 S.W.2d 69 (Mo. 1954). “§§ 546.560; 546.570; State v. Hayzlett, supra.”
State v. Chase, 415 S.W.2d 731 (Mo. 1967). “; § 546.560, V.A.M.S. Notwithstanding the court did not render formal judgment and impose sentence at the expiration of ninety days after the filing of the motion for new trial, it did not lose jurisdiction to do so.”
State v. Porter, 755 S.W.2d 3 (Mo. Ct. App. 1988). “550: For the purpose of judgment, if the conviction be for an offense punishable by imprisonment, or imprisonment be assessed as punishment by the jury, the defendant must be personally present [[Image here]] and from § 546.560: If the defendant is in custody, he must be brought…”
State v. Pitts, 282 S.W.2d 561 (Mo. 1955). “§§ 546.560, 546.570. Since no error is found or demonstrated upon the transcript the judgment is affirmed.”
State v. Fields, 293 S.W.2d 952 (Mo. 1956). “§§ 546.560, 546.570; 42 V.A.M.S. Sup.Ct. Rules 27.”
Jabyn Micheaux v. State of Missouri, 675 S.W.3d 658 (Mo. Ct. App. 2023). “550 provides that where a conviction is for an offense 8 punishable by imprisonment, the defendant "must be personally present" for the purpose of judgment, and section 546.560 provides that "[i]f a defendant is in custody, he must be brought before the court for judgment.”
City of Kansas City v. Harness, 720 S.W.2d 407 (Mo. Ct. App. 1986). “§§ 546.560 and 544.640, RSMo 1978; Rule 33.”
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