565.001. Procedure for chapter 565. — 1. The provisions of this chapter shall govern the construction and procedures for charging, trial, punishment and appellate review of any offense defined in this chapter and committed after July 1, 1984.
2. The provisions of this chapter shall not govern the construction or procedures for charging, trial, punishment or appellate review of any offense committed before the effective date of this chapter. Such an offense must be construed, punished, charged, tried and reviewed on appeal according to applicable provisions of law existing prior to the effective date of this chapter in the same manner as if this chapter had not been enacted, the provisions of section 1.160 notwithstanding.
3. All provisions of "The Criminal Code" or other law consistent with the provisions of this chapter shall apply to this chapter. In the event of a conflict, the provisions of this chapter shall govern the interpretation of the provisions of this chapter.
4. Persons accused of committing a homicide offense shall be prosecuted:
(1) In the county in which the offense is committed; or
(2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred; or
(3) In the county in which the body of the deceased victim is found; or
(4) If subdivisions (1), (2), and (3) of this subsection do not apply, then in the county in which the victim lived.
Notes of Decisions
Cited in
258
cases, 1978–2019 · leading case:
State v. Nash, 339 S.W.3d 500 (Mo. 2011).
State v. Nash, 339 S.W.3d 500 (Mo. 2011).
· cites it 44× “A jury found Donald Nash guilty of capital murder in violation of section 565.001, RSMo 1978, for the 1982 killing of Judy Spencer.”
State v. Turner, 623 S.W.2d 4 (Mo. 1981).
· cites it 22× “After Mitchell divided the stolen money, defendant bought some gas, drove Mitchell home and returned to his residence.”
State v. Newlon, 627 S.W.2d 606 (Mo. 1982).
· cites it 16× “Direct appeal to this Court lies in such cases for consideration of the punishment assessed, § 565.”
State v. Antwine, 743 S.W.2d 51 (Mo. 1987).
· cites it 12× “Section 565.001, RSMo (repealed effective October 1, 1984).”
State Ex Rel. Westfall v. Mason, 594 S.W.2d 908 (Mo. 1980).
· cites it 28× “[6] He argues that if life imprisonment is the penalty imposed, the offense is somehow transfigured and changed into a lesser included offense of capital murder with capital punishment and becomes the crime of capital murder without capital punishment. Thus, he concludes, the…”
State v. Williams, 652 S.W.2d 102 (Mo. 1983).
· cites it 16× “The appeal raises a bevy of points urging reversal, each of which will receive subsequent and appropriate treatment.”
State ex rel. Carr v. Wallace, 527 S.W.3d 55 (Mo. 2017).
· cites it 12× “He was originally charged as a juvenile offender and then certified to be tried as an adult for three counts of capital murder under section 565.001. 2 At the time, capital murder could be punished by death or a life sentence without the possibility of parole for 50 years.”
State v. Mitchell, 611 S.W.2d 223 (Mo. 1981).
· cites it 16× “Appellant contends the trial court erred (1) by authorizing the jury to find appellant guilty of capital murder if it found that defendant "or another" committed the offense; (2) by overruling appellant's objection to the prosecutor's characterization of defense counsel's…”
State v. White, 622 S.W.2d 939 (Mo. 1981).
· cites it 12× “Judgment was rendered accordingly. He charges error to the aider liability instructions; the refusal to grant his motion to suppress an incriminating statement; and the application of the statute on peremptory juror challenges.”
State v. Wilkerson, 616 S.W.2d 829 (Mo. 1981).
· cites it 14× “005, under which appellant was charged by indictment on August 23, 1977, had been repealed on May 26, 1977, and replaced with § 565.001, RSMo Supp. 1977, a comparison of the two statutes demonstrates that the incorrect citation to § 559.”
State v. Thomas, 625 S.W.2d 115 (Mo. 1981).
· cites it 11× “He contends that this fails to charge the crime of capital murder under the new capital murder statute, § 565.001 RSMo. Intent is an element of the crime of capital murder under § 565.”
State v. Grubbs, 724 S.W.2d 494 (Mo. 1987).
· cites it 12× “Appellant charges the trial court erred: in failing to strike for cause venireman Robert Hooper; in failing to declare a mistrial sua sponte for a statement made in the prosecutor's closing argument; in overruling defendant's motion for directed verdict because there was no…”
— Mo. Rev. Stat. § 565.001(1) — 1 case
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