Section 546.070 - Order of trial - instructions, requirementsThe jury being impaneled and sworn, the trial may proceed in the following order:
(1) The prosecuting attorney must state the case and offer the evidence in support of the prosecution;(2) The defendant or his counsel may then state his defense and offer evidence in support thereof;(3) The parties may then respectively offer rebutting testimony only, unless the court, for good reason in furtherance of justice, permit them to offer evidence upon their original case;(4) In every trial for a criminal offense the court shall instruct the jury in writing upon all questions of law arising in the case which are necessary for their information in giving the verdict, which instructions shall include a definition of the term reasonable doubt;(5) Unless the case be submitted without argument, the counsel for the prosecution shall make the opening argument, the counsel for the defendant shall follow, and the counsel for the prosecution shall conclude the argument.Prior revisions: 1929 § 3681; 1919 § 4025; 1909 § 5231
Effective 10/1/1984