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Supreme Court Rules



Section/Rule:
27.04

Subject:
Rule 27 - Rules of Criminal Procedure - Misdemeanors or Felonies - Trial
Publication / Adopted Date:
June 13, 1979

Topic:
Misdemeanors or Felonies - Discharge of Joint Defendant - Witness
Revised / Effective Date:
January 1, 1980

27.04. Misdemeanors or Felonies - Discharge of Joint Defendant - Witness

When two or more persons shall be jointly tried, the court may, upon motion of the prosecuting attorney at any time before the defendants have gone into their defense, order the discharge of any defendant in order that he may be a witness for the state. When there is not sufficient evidence to make a case against a jointly tried codefendant, he shall be discharged at such time as will enable him to testify for his former codefendant at the option of said codefendant. The order of discharge shall be a bar to another prosecution for the same offense.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

Committee Note - 1980