Rule 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.

Committee Notes

This is substantially the same as prior Rule 26.07.