reglab/housing_qa huggingface dataset:
MO Rev Stat § 547.070 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.070 - Appeals — when granted.

Effective - 28 Aug 1939   547.070. Appeals — when granted. — In all cases of final judgment rendered upon any indictment or information, an appeal to the proper appellate court shall be allowed to the defendant, provided, defendant or his attorney of record shall during the term at which the judgment is rendered file his written application for such appeal. ­­-------- (RSMo 1939 § 4130)  Prior revisions: 1929 § 3740; 1919 § 4086; 1909 § 5292  (1951) Where no appeal was applied for within the time provided by this section and no writ of error was applied for or issued within time fixed by supreme court rule 1.34, the supreme court has no jurisdiction of the appeal. State v. Smith (Mo.), 242 S.W.2d 515. (1952) Where record showed motion for new trial filed and overruled but failed to show allocution, sentence and judgment, appeal was premature and cause must be remanded. State v. Bledsoe (Mo.), 249 S.W.2d 457; (1952) State v. Skaggs (Mo.), 248 S.W.2d 635. (1957) Notice of appeal procedure specified by supreme court rule 28.03 has superseded this statute. State v. Amsden (Mo.), 299 S.W.2d 498.  (1984) A suspended imposition of sentence is not a final judgment for purposes of appeal. State v. Lynch (Mo. banc), 679 S.W.2d 858. (1994) Defendant may not appeal from conviction in which imposition of sentence was suspended, because suspended imposition of sentence is not final appealable judgment as required by section. State v. Detherage, 869 S.W.2d 293 (Mo. App. E.D.).
MO Rev Stat § 547.080 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.080 - Writs of error.

Effective - 28 Aug 1939   547.080. Writs of error. — Writs of error upon any such final judgment are writs of right, and, on application therefor, shall issue of course, in vacation as well as in term, out of the court in which by law they may be made returnable. ­­-------- (RSMo 1939 § 4131)  Prior revisions: 1929 § 3741; 1919 § 4087; 1909 § 5293
MO Rev Stat § 547.090 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.090 - Appeals in felony cases, within what time.

Effective - 28 Aug 1941   547.090. Appeals in felony cases, within what time. — If any person taking an appeal to the supreme court on conviction for a felony, other than those wherein the defendant shall have been sentenced to suffer death, shall fail to perfect the appeal within six months from the time the appeal is granted, unless good and sufficient cause for not perfecting his appeal be shown to the trial court, for which reason the trial court, or the judge of the trial court in vacation, may extend this time for the period of ninety days, the attorney general may file his motion before the supreme court asking that the appeal may be dismissed or that the judgment of the trial court may be affirmed, whereupon the court shall make an order that the appeal be dismissed, or that the judgment of the trial court be affirmed, as the case may be, unless the defendant shall show to the satisfaction of the court good cause for not perfecting his appeal. ­­-------- (RSMo 1939 § 4151, A.L. 1941 p. 342)  Prior revisions: 1929 § 3761; 1919 § 4107; 1909 § 5313  (1955) Trial judge under supreme court rule 3.26 has no authority to extend time for filing of transcript beyond six months from day notice of appeal was filed. State v. Grant (Mo.), 275 S.W.2d 332.
MO Rev Stat § 547.100 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.100 - Appeals in misdemeanor cases — procedure.

Effective - 02 Jan 1979   547.100. Appeals in misdemeanor cases — procedure. — If any person taking an appeal from the circuit court on a conviction for a misdemeanor shall fail to perfect the appeal within six months from the time the appeal is granted, the prosecuting attorney may file his motion before the court in which the conviction was had, asking that the appeal may be dismissed and the order granting the appeal be set aside; whereupon the court shall make an order that the appeal be dismissed and the order granting the appeal be set aside and for naught held, unless the defendant shall show to the satisfaction of the court good cause for not perfecting his appeal, in which case the court may overrule the motion, and from the date of making such order dismissing the appeal, the judgment shall be and remain in force the same as if no appeal had been granted. ­­-------- (RSMo 1939 § 4152, A.L. 1978 H.B. 1634)  Prior revisions: 1929 § 3762; 1919 § 4108  Effective 1-02-79
MO Rev Stat § 547.110 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.110 - Transcript on appeal prepared by clerk, when.

Effective - 28 Aug 1939   547.110. Transcript on appeal prepared by clerk, when. — When any appeal shall be taken or writ of error issued, which shall operate as a stay of proceedings, it shall be the duty of the clerk of the court in which the proceedings were had to make out a full transcript of the record in the cause including the bill of exceptions, judgment and sentence, and certify and transmit same to the office of the clerk of the proper appellate court without delay; provided, however, that any abbreviated or partial transcript of the evidence and oral proceedings, in narrative form or otherwise which the defendant or his attorney for the state may agree upon in writing as sufficiently presenting to the appellate court the issues involved on such appeal, shall be deemed and taken as sufficient on such appeal and shall by the clerk be incorporated in the transcript of the record certified and transmitted by him to the appellate court, instead of the bill of exceptions mentioned above. ­­-------- (RSMo 1939 § 4146)  Prior revisions: 1929 § 3756; 1919 § 4102; 1909 § 5308  CROSS REFERENCES:  Amendment of record by trial court while cause pending on appeal, 546.090  Exceptions and transcripts, generally, 546.370  (1952) Appellant is required to furnish full transcript including judgment and sentence, but where record is certified to be a true and complete transcript by the clerk, appellant has performed his duty, and appeal will not be dismissed. State v. Skaggs (Mo.), 248 S.W.2d 635.
MO Rev Stat § 547.120 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.120 - Transcript prepared by appellant, when.

Effective - 28 Aug 1939   547.120. Transcript prepared by appellant, when. — When the appeal or writ of error does not operate as a stay of proceedings, such transcript shall be made out, certified and returned, on the application of the appellant or plaintiff in error, as in civil cases, except that the costs of the transcript shall not be required in advance. ­­-------- (RSMo 1939 § 4147)  Prior revisions: 1929 § 3757; 1919 § 4103; 1909 § 5309  (1954) Where a death penalty is imposed and appeal taken, clerk is required to make out and return transcript to Supreme Court but in other cases appellant himself must see that his appeal is duly perfected. Turner v. Eidson (C.C.A.), 215 F.2d 728.
MO Rev Stat § 547.130 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.130 - Stay of execution, when — exceptions.

Effective - 28 Aug 1939   547.130. Stay of execution, when — exceptions. — No such appeal or writ shall stay or delay the execution of such judgment or sentence, except in capital cases, unless the supreme court, or a judge thereof, or the court in which the judgment was rendered, or the judge of such court, on inspection of the record, shall be of opinion that there is probable cause for such an appeal or writ of error, or so much doubt as to render it expedient to take the judgment of the supreme court thereon, and shall make an order expressly directing that such appeal or writ of error shall operate as a stay of proceedings on the judgment; but in capital cases the order granting the appeal shall operate as such stay absolutely. ­­-------- (RSMo 1939 § 4132)  Prior revisions: 1929 § 3742; 1919 § 4088; 1909 § 5294
MO Rev Stat § 547.140 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.140 - Suspension of judgment.

Effective - 28 Aug 1939   547.140. Suspension of judgment. — If the court in which the judgment was rendered, or the judge thereof, refuse such order, he shall nevertheless suspend the execution of the judgment, except as to fine and costs, if necessary, to allow sufficient time to make application to the supreme court, or a judge thereof, for such order. ­­-------- (RSMo 1939 § 4133)  Prior revisions: 1929 § 3743; 1919 § 4089; 1909 § 5295
MO Rev Stat § 547.150 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.150 - Stay of proceedings and writ of error to be filed.

Effective - 28 Aug 1939   547.150. Stay of proceedings and writ of error to be filed. — When any order to stay proceedings shall be made by the supreme court, or by any judge in vacation, the same, together with the writ of error, if any, shall be filed with the clerk of the court in which the judgment was rendered, who shall furnish the party filing the same with a certificate thereof, together with a copy of the order. ­­-------- (RSMo 1939 § 4134)  Prior revisions: 1929 § 3744; 1919 § 4090; 1909 § 5296
MO Rev Stat § 547.160 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.160 - Sheriff to keep prisoner in custody, when.

Effective - 28 Aug 1939   547.160. Sheriff to keep prisoner in custody, when. — If the defendant in the judgment so ordered to be stayed shall be in custody, it shall be the duty of the sheriff, if the order were made by the court rendering the judgment, or upon being served with the clerk's certificate and a copy of the order, to keep the defendant in custody without executing the sentence which may have been passed, to abide such judgment as may be rendered upon the appeal or the writ of error. ­­-------- (RSMo 1939 § 4135)  Prior revisions: 1929 § 3745; 1919 § 4091; 1909 § 5297
MO Rev Stat § 547.170 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.170 - Prisoner, when let to bail.

Effective - 05 Jun 2006   547.170. Prisoner, when let to bail. — In all cases where an appeal or writ of error is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation of sections 579.065*, 565.021, 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, 566.100, or where the defendant has entered a plea of guilty to or been found guilty of any sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, 573.037, and 573.040, any court or officer authorized to order a stay of proceedings under the preceding provisions may allow a writ of habeas corpus, to bring up the defendant, and may thereupon let him to bail upon a recognizance, with sufficient sureties, to be approved by such court or judge. ­­-------- (RSMo 1939 § 4136, A.L. 1993 S.B. 180, A.L. 2002 S.B. 758 merged with S.B. 969, et al., A.L. 2006 H.B. 1698, et al.)  Prior revisions: 1929 § 3746; 1919 § 4092; 1909 § 5298  Effective 6-05-06  *Section 195.222 was transferred to section 579.065 by S.B. 491, 2014, effective 1-01-17. CROSS REFERENCE:  No bail, certain defendants, certain offenses, 544.671  (1975) Unwillingness of private bondsman to underwrite petitioner's release is no basis for a writ of habeas corpus. Application of Holt (A.), 518 S.W.2d 451.
MO Rev Stat § 547.180 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.180 - Condition of recognizance — felony cases.

Effective - 28 Aug 1939   547.180. Condition of recognizance — felony cases. — The recognizance shall, in case of felonies not excepted in section 547.170, be conditioned that the defendant shall appear in the supreme court at the next term thereof, to receive judgment on the appeal or writ of error, and in the court in which the trial or indictment shall have been had, if the supreme court shall so order, and at such time and place as such court shall direct, and that he will render himself in execution, and obey every order and judgment which shall be made in the premises. ­­-------- (RSMo 1939 § 4137)  Prior revisions: 1929 § 3747; 1919 § 4093; 1909 § 5299
MO Rev Stat § 547.190 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.190 - Recognizance on appeal — misdemeanor cases.

Effective - 28 Aug 1939   547.190. Recognizance on appeal — misdemeanor cases. — Where an appeal or writ of error is prosecuted from a judgment in case of misdemeanor, or in case the appeal is taken by the state, the recognizance shall be conditioned that the defendant shall appear in the court in which the judgment shall have been rendered at such time and place as the appellate court shall direct, and that he will render himself in execution, and obey any order or judgment which shall be made in the premises. ­­-------- (RSMo 1939 § 4138)  Prior revisions: 1929 § 3748; 1919 § 4094; 1909 § 5300
MO Rev Stat § 547.200 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.200 - Appeal by state.

Effective - 28 Aug 1997   547.200. Appeal by state. — 1. An appeal may be taken by the state through the prosecuting or circuit attorney from any order or judgment the substantive effect of which results in:  (1) Quashing an arrest warrant;  (2) A determination by the court that the accused lacks the mental capacity or fitness to proceed to trial, pursuant to section 552.020;  (3) Suppressing evidence; or  (4) Suppressing a confession or admission.  2. The state, in any criminal prosecution, shall be allowed an appeal in the cases and under the circumstances mentioned in section 547.210 and in all other criminal cases except in those cases where the possible outcome of such an appeal would result in double jeopardy for the defendant. The supreme court shall issue rules governing such appeals.  3. The appeal provided in subsection 1 of this section shall be an interlocutory appeal, filed in the appropriate district of the Missouri court of appeals, unless the proceedings involve a charge of capital murder or murder in the first degree, pursuant to the provisions of section 565.001 or 565.003, in which case notices of appeal shall be filed in the supreme court of Missouri.  4. Notices of appeal involving appeals under subsection 1 of this section shall be filed in the appropriate court within five days of the entry of the order of the trial court. In such appeals, the time requirements of section 545.780 shall be tolled until the decision is rendered by the appropriate appellate court.  5. The supreme court shall issue appropriate rules to facilitate the disposition of such appeals, balancing the right of the state to review the correctness of pretrial decisions of a trial court against the rights of the defendant to a speedy trial, including measures to facilitate these appeals by shortening of the time to file appellant's brief under supreme court rule 30.06(K) to ten days, and eliminations of motions for rehearing or transfer under supreme court rules 30.26 and 30.27. ­­-------- (RSMo 1939 § 4142, A.L. 1983 H.B. 279, A.L. 1997 S.B. 56)  Prior revisions: 1929 § 3752; 1919 § 4098; 1909 § 5304  (1956) Court rule could not change the law relating to the right of appeal, so that appeal by state from order setting aside verdict in criminal case on ground evidence was insufficient to sustain conviction would be dismissed. State v. Pottinger, 365 Mo. 794, 287 S.W.2d 782. (1961) Where information was dismissed for the reason it was filed after the end of the term in which a previous indictment was filed and the defendant had had no preliminary examination the state had no right to appeal because the indictment was not held to be insufficient. State v. Ulmer (Mo.), 351 S.W.2d 7. (1985) The "good faith" exception to the exclusionary rule does not apply where the invalidity of the warrant is based on state statute. State v. Berkwit (Mo.App.E.D.), 689 S.W.2d 763.
MO Rev Stat § 547.210 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.210 - Indictment or information insufficient, defendant held — state may appeal.

Effective - 28 Aug 1939   547.210. Indictment or information insufficient, defendant held — state may appeal. — When any indictment or information is adjudged insufficient upon demurrer or exception, or where judgment thereon is arrested or set aside, the court in which the proceedings were had, either from its own knowledge or from information given by the prosecuting attorney that there is reasonable ground to believe that the defendant can be convicted of an offense, if properly charged, may cause the defendant to be committed or recognized to answer a new indictment or information, or if the prosecuting attorney prays an appeal to an appellate court, the court may, in its discretion, grant an appeal. ­­-------- (RSMo 1939 § 4143)  Prior revisions: 1929 § 3753; 1919 § 4099; 1909 § 5305  (1954) Supreme Court rule as to appeals by state in criminal case does not deprive defendant of any right, and is valid since it only changes the mode of appeal, not the right. State v. Getty (Mo.), 273 S.W.2d 170. (1963) State could not appeal from dismissal of information and discharge of defendant, in prosecution for burglary and stealing from estate of deceased, which was not based solely on failure of information to state an accusation, but was also based on stipulation by parties setting out facts in support of defendant's defense that he could not be guilty because he was a lawful heir. State v. Brooks (Mo.), 372 S.W.2d 83. (1973) Where defendant moved to dismiss on ground that it was legally incapable of committing crime under state laws, was immune to criminal liability, not criminally liable for any criminal acts of its agents or employees and was not included within those enumerated legal entities subject to fish and game code, there was no attack upon "sufficiency of the accusation", and Court of Appeals had no jurisdiction to review, on state's appeal, grant of the motion. State v. Little River Drainage District (A.), 490 S.W.2d 675. (1977) Held, procedure for state to appeal has been changed by Ct. Rule 28.04, and application to trial court to appeal is no longer required. State v. Adams (A.), 546 S.W.2d 550.
MO Rev Stat § 547.220 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.220 - Defendant to make recognizance in cases of appeal.

Effective - 28 Aug 1939   547.220. Defendant to make recognizance in cases of appeal. — If an appeal be granted, the court below shall order the defendant to be committed or recognized, and the recognizance shall be to the same effect as the recognizance required when the defendant himself is appellant; and the party, if committed, shall be held in custody until the judgment of the supreme court shall have been passed on the case, to abide such judgment. ­­-------- (RSMo 1939 § 4144)  Prior revisions: 1929 § 3754; 1919 § 4100; 1909 § 5306
MO Rev Stat § 547.230 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.230 - State may sue out writ of error.

Effective - 28 Aug 1983   547.230. State may sue out writ of error. — The prosecuting attorney may apply for and prosecute a writ of error in the supreme court, in like manner and with like effect as such writ may be prosecuted by the defendant; but in such case the defendant shall not be required to enter into any recognizance to answer further to such offense, but if the judgment of the circuit court shall be reversed, the defendant may be arrested on warrant and brought before the circuit court for judgment, or such other proceedings as the case may require. ­­-------- (RSMo 1939 § 4145, A.L. 1983 H.B. 279)  Prior revisions: 1929 § 3755; 1919 § 4101; 1909 § 5307
MO Rev Stat § 547.240 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.240 - Recognizances, where certified.

Effective - 28 Aug 1939   547.240. Recognizances, where certified. — The recognizance authorized by this chapter, if taken by the court or judge before whom the cause was tried, shall be filed with the clerk, and a transcript thereof transmitted with the record, to the supreme court, if taken by the supreme court, or any judge thereof, the clerk of the supreme court shall certify a transcript of the same to the court in which the cause was tried, and such court shall proceed thereon as on a recognizance taken in that court. ­­-------- (RSMo 1939 § 4148)  Prior revisions: 1929 § 3758; 1919 § 4104; 1909 § 5310
MO Rev Stat § 547.250 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.250 - Forfeiture, where certified.

Effective - 28 Aug 1939   547.250. Forfeiture, where certified. — If the forfeiture of the recognizance is taken in the supreme court, the same shall be certified back to the court in which the judgment was rendered; and the supreme court, in such case, and in case the defendant breaks jail, shall proceed to determine the cause, and issue a capias if necessary. ­­-------- (RSMo 1939 § 4149)  Prior revisions: 1929 § 3759; 1919 § 4105; 1909 § 5311