40.148. Not guilty plea, entered when. - Missouri Statutes

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Statutes > Missouri > T05 > C040 > 40_148

Not guilty plea, entered when.

40.148. 1. A plea of not guilty shall be entered in therecord, and the court shall proceed as though the accused hadpleaded not guilty, if after arraignment before a court-martial:

(1) An accused makes an irregular pleading;

(2) After a plea of guilty an accused sets up a matterinconsistent with the plea;

(3) It appears that an accused has entered a plea of guiltyimprovidently or through lack of understanding of its meaning oreffect; or

(4) An accused fails or refuses to plead.

2. With respect to any charge or specification to which aplea of guilty has been made by the accused and accepted by themilitary judge or summary court, a finding of guilty of thecharge or specification may be entered immediately without vote.This finding shall constitute the finding of the court unless theplea of guilty is withdrawn prior to the announcement of thesentence, in which event the proceedings shall continue as thoughthe accused had pleaded not guilty.

(L. 1984 H.B. 1035 § 46)

State Codes and Statutes

Statutes > Missouri > T05 > C040 > 40_148

Not guilty plea, entered when.

40.148. 1. A plea of not guilty shall be entered in therecord, and the court shall proceed as though the accused hadpleaded not guilty, if after arraignment before a court-martial:

(1) An accused makes an irregular pleading;

(2) After a plea of guilty an accused sets up a matterinconsistent with the plea;

(3) It appears that an accused has entered a plea of guiltyimprovidently or through lack of understanding of its meaning oreffect; or

(4) An accused fails or refuses to plead.

2. With respect to any charge or specification to which aplea of guilty has been made by the accused and accepted by themilitary judge or summary court, a finding of guilty of thecharge or specification may be entered immediately without vote.This finding shall constitute the finding of the court unless theplea of guilty is withdrawn prior to the announcement of thesentence, in which event the proceedings shall continue as thoughthe accused had pleaded not guilty.

(L. 1984 H.B. 1035 § 46)

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State Codes and Statutes

Statutes > Missouri > T05 > C040 > 40_148

Not guilty plea, entered when.

40.148. 1. A plea of not guilty shall be entered in therecord, and the court shall proceed as though the accused hadpleaded not guilty, if after arraignment before a court-martial:

(1) An accused makes an irregular pleading;

(2) After a plea of guilty an accused sets up a matterinconsistent with the plea;

(3) It appears that an accused has entered a plea of guiltyimprovidently or through lack of understanding of its meaning oreffect; or

(4) An accused fails or refuses to plead.

2. With respect to any charge or specification to which aplea of guilty has been made by the accused and accepted by themilitary judge or summary court, a finding of guilty of thecharge or specification may be entered immediately without vote.This finding shall constitute the finding of the court unless theplea of guilty is withdrawn prior to the announcement of thesentence, in which event the proceedings shall continue as thoughthe accused had pleaded not guilty.

(L. 1984 H.B. 1035 § 46)