reglab/housing_qa huggingface dataset:
MO Rev Stat § 547.260 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.260 - Attorney general and chief administrative officer to be notified of appeal, how, by whom.

Effective - 28 Aug 1990   547.260. Attorney general and chief administrative officer to be notified of appeal, how, by whom. — If any person shall appeal to the supreme court from a conviction and sentence for a felony in any court in this state having the jurisdiction to try and determine felonies, the clerk thereof shall immediately notify the attorney general of the state of Missouri in writing by mail, giving the name of the appellant, the nature of the crime, the substance of the judgment and sentence, and the date of the order granting the appeal. In those cases wherein the appellant shall have been sentenced to suffer death, the clerk of the court in which the conviction was had shall also immediately give like notice to the chief administrative officer of the correctional facility of the department of corrections by registered mail, unless time requires a more expedient notice. In all cases where a person shall have been sentenced to suffer death in this state and shall file a petition for a writ of error in the supreme court, the clerk of the supreme court shall immediately give like notice to the chief administrative officer of the correctional facility of the department of corrections, of the issuance of the writ, the name of the plaintiff in error and the other facts above specified. The notice shall be conveyed in person by the marshal of the supreme court to the chief administrative officer. ­­-------- (L. 1941 p. 343 § 1, A.L. 1990 H.B. 974)
MO Rev Stat § 547.270 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.270 - No assignment, or joinder in error, necessary.

Effective - 28 Aug 1939   547.270. No assignment, or joinder in error, necessary. — No assignment of error, or joinder in error, shall be necessary upon any appeal or writ of error, in a criminal case, issued or taken pursuant to the foregoing provisions of this chapter, but the court shall proceed upon the return thereof without delay, and render judgment upon the record before them. ­­-------- (RSMo 1939 § 4150)  Prior revisions: 1929 § 3760; 1919 § 4106; 1909 § 5312  (1964) Since defendant did not file a motion for new trial alleged errors presented in defendant's brief relative to improper cross examination of defense witness and admission of certain evidence were not preserved for review. State v. Kennebrew (Mo.), 380 S.W.2d 293.
MO Rev Stat § 547.280 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.280 - Errors as to time or place of imprisonment, no ground for reversal.

Effective - 28 Aug 1939   547.280. Errors as to time or place of imprisonment, no ground for reversal. — No judgment shall be reversed or set aside by the appellate court, for the reason that the judgment by virtue of which such person is confined, or from which he has prosecuted an appeal or writ of error, was erroneous as to time or place of imprisonment, but in such case it shall be the duty of the court or officer hearing the case to sentence such person to the proper place of confinement, and for the correct length of time, from and after the date of the original sentence, and to cause the officer or other person having such prisoner in charge to convey him forthwith to such designated place of imprisonment. ­­-------- (RSMo 1939 § 4155)  Prior revisions: 1929 § 3765; 1919 § 4111; 1909 § 5316   (1951) Where fine is less than maximum required by statute it is error in favor of defendant of which he cannot complain on appeal. State v. Keith (Mo.), 241 S.W.2d 901. (1954) Where no brief was filed and transcript contained nothing beyond record proper (prior to adoption of Rule 28.08) court on appeal could only render judgment on record. State v. Smith (A.), 268 S.W.2d 48. (1973) Where defendant was charged with assault with intent to maim without malice but was convicted of assault with intent to maim with malice, the court was without jurisdiction to impose sentence and the judgment was absolutely void, not erroneous as to time, and defendant could not be resentenced. State v. Barnes (Mo.), 492 S.W.2d 729.
MO Rev Stat § 547.290 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.290 - Supreme court shall direct execution of sentence, when.

Effective - 28 Aug 1939   547.290. Supreme court shall direct execution of sentence, when. — When the appeal is taken, or the writ of error is sued out by the party indicted, if the supreme court affirm the judgment of the court below it shall direct the sentence pronounced to be executed, and the same shall be executed accordingly; if the judgment be reversed, the supreme court shall direct a new trial, or that defendant be absolutely discharged, according to the circumstances of the case. ­­-------- (RSMo 1939 § 4153)  Prior revisions: 1929 § 3763; 1919 § 4109; 1909 § 5314
MO Rev Stat § 547.300 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.300 - Effect of affirmance or reversal.

Effective - 28 Aug 1939   547.300. Effect of affirmance or reversal. — Where the appeal has been taken or writ of error sued out by the state, if the judgment of the court be affirmed, the party shall be discharged; if reversed, the supreme court shall direct the court below to enter up judgment upon the verdict rendered, or, where no verdict has been rendered, to proceed to trial on the indictment or information. ­­-------- (RSMo 1939 § 4154)  Prior revisions: 1929 § 3764; 1919 § 4110; 1909 § 5315
MO Rev Stat § 547.310 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.310 - Defendant ordered arrested, when.

Effective - 28 Aug 1939   547.310. Defendant ordered arrested, when. — If the defendant shall have been recognized as herein provided, and shall fail to appear and receive judgment on such appeal or writ of error, or at any new trial that may have been ordered, the supreme court or the court below in which the judgment was rendered, or any judge of either court, shall cause such defendant to be arrested, upon process to be issued for that purpose. ­­-------- (RSMo 1939 § 4156)  Prior revisions: 1929 § 3766; 1919 § 4112; 1909 § 5317
MO Rev Stat § 547.320 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.320 - Cause remanded, procedure.

Effective - 28 Aug 1939   547.320. Cause remanded, procedure. — The court to which any criminal cause shall be remanded for a new trial shall proceed therein in the same manner as if such cause had not been removed into the supreme court. ­­-------- (RSMo 1939 § 4157)  Prior revisions: 1929 § 3767; 1919 § 4113; 1909 § 5318
MO Rev Stat § 547.330 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.330 - Affirmation of conviction or dismissal of appeal, execution of sentence, arrest of convict, when.

Effective - 28 Aug 1982   547.330. Affirmation of conviction or dismissal of appeal, execution of sentence, arrest of convict, when. — In all cases where the conviction of a defendant is affirmed on appeal or the appeal is dismissed or withdrawn and the defendant is to be imprisoned in any jail or by the department of corrections, the court affirming or dismissing the appeal or in which the appeal is withdrawn shall direct the sentence pronounced to be executed, and for this purpose the court shall order the marshal of the court to arrest the convict, and deliver him to the proper official. In its discretion the court may order the marshal to arrest the convict prior to the date the opinion of the court affirming the judgment in the cause is made public. ­­-------- (RSMo 1939 § 4139, A.L. 1982 S.B. 497)  Prior revisions: 1929 § 3749; 1919 § 4095; 1909 § 5301
MO Rev Stat § 547.340 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.340 - Duty of marshal under execution of sentence order — warrant for arrest, issuance, authority under.

Effective - 28 Aug 1982   547.340. Duty of marshal under execution of sentence order — warrant for arrest, issuance, authority under. — 1. Where the supreme court shall make an order, as directed in section 547.330, a certified copy of the order shall be given to the marshal of the court, who may without delay issue a warrant for the arrest and transportation of the convict and who shall without delay, either in person, by such deputy marshals as the court may direct, or by any peace officer, as defined in section 542.261, arrest such convict wherever he may be found in this state, transport and deliver him to the proper officer.  2. Upon the request of any district of the court of appeals and with the consent of the supreme court, the marshal of the supreme court shall issue a warrant for the arrest and transportation of a convict where the judgment the convict appealed from has been affirmed or the appeal has been dismissed by that district of the court of appeals or the appeal filed has been withdrawn.  3. A warrant for arrest and transportation may be directed to any peace officer, as defined in section 542.261, and shall authorize that officer to arrest and transport the convict as directed by the marshal. ­­-------- (RSMo 1939 § 4140, A.L. 1982 S.B. 497)  Prior revisions: 1929 § 3750; 1919 § 4096; 1909 § 5302
MO Rev Stat § 547.350 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.350 - Power of marshal in executing order.

Effective - 28 Aug 1982   547.350. Power of marshal in executing order. — 1. The marshal and his deputies, if any, while performing their official duties shall have the same power and like authority in every county of this state, in all respects, as are granted by law to sheriffs.  2. Any person executing a warrant for arrest and transportation issued by the marshal shall have the same power and like authority in all respects when executing the warrant as are granted to sheriffs.  3. The provisions of subsection 1 of this section shall only be applicable to a marshal of the supreme court certified as a peace officer as provided in sections 590.100 to 590.150. ­­-------- (RSMo 1939 § 4141, A.L. 1982 S.B. 497)  Prior revisions: 1929 § 3751; 1919 § 4097; 1909 § 5303
MO Rev Stat § 547.370 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 547 - Appeals, New Trials and Exceptions|Section 547.370 - Post conviction relief, death penalty.

Effective - 28 Aug 1997   547.370. Post conviction relief, death penalty. — 1. When a motion is filed as provided in section 547.360 to set aside a sentence of death, the court shall find on the record whether the movant is indigent. If the movant is indigent, the court shall cause to be appointed two counsel to represent the movant. If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing, if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected the offer with the understanding of its legal consequences. Unless the movant is so competent and understands the legal consequences, movant shall not be permitted to reject the appointment of counsel.  2. All counsel appointed as provided in this section shall be members of The Missouri Bar or shall be admitted to practice in the particular case as provided in Missouri supreme court rule 9. At least one of the counsel shall meet the following qualifications:  (1) Have attended and successfully completed within two years immediately preceding the appointment at least twelve hours of training or educational programs on the postconviction phase of a criminal case and federal and state aspects of cases in which the death penalty is sought; and  (2) Have at least three years litigation experience in the field of criminal law; and  (3) Have participated as counsel or co-counsel to final judgment in at least five postconviction motions involving class A felonies in either state or federal trial courts; and  (4) Have participated in either state or federal court as counsel or co-counsel to final judgment in at least:  (a) Three felony jury trials; or  (b) Five direct criminal appeals in felony cases. ­­Counsel shall certify to the state public defender in such form as the defender may require that counsel meets the qualifications of this section prior to filing counsel's entry of appearance in the case.  3. Counsel appointed to represent the movant shall not have represented the movant at trial or on the direct appeal therefrom.  4. As to any counsel appointed as provided in this section, the state public defender shall provide counsel with reasonable compensation and shall provide reasonable and necessary litigation expenses. ­­-------- (L. 1997 S.B. 56 §§ 13 and 15)
MO Rev Stat § 548.011 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.011 - Definitions.

Effective - 02 Jan 1979   548.011. Definitions. — Where appearing in this chapter:  (1) The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state;  (2) The term "governor" includes any person performing the functions of governor by authority of the law of this state;  (3) The terms "judge", "magistrate", and "judge of any court of record" include a judge of the supreme court or of the court of appeals, a circuit judge, and an associate circuit judge, but do not include a municipal judge;  (4) The term "state", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. ­­-------- (L. 1953 p. 425 § 1, A.L. 1978 H.B. 1634)  Effective 1-02-79
MO Rev Stat § 548.021 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.021 - Fugitives from justice, duty of governor.

Effective - 28 Aug 1953   548.021. Fugitives from justice, duty of governor. — Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this state. ­­-------- (L. 1953 p. 425 § 2)
MO Rev Stat § 548.031 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.031 - Form of demand.

Effective - 28 Aug 1953   548.031. Form of demand. — No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 548.061, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit made before an associate circuit judge there, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the associate circuit judge must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. ­­-------- (L. 1953 p. 425 § 3)  (1953) Where requisition was accompanied by affidavit as required by 18 U.S.C.A. § 3182, it was sufficient even though not accompanied by indictment or information. Hayes v. O'Connell (A.), 263 S.W.2d 66.  (1954) Failure of foreign state's demand to allege that accused was in the foreign state at time alleged crime was committed or that he fled therefrom held not to invalidate rendition warrant in view of federal constitution and statutes. 18 U.S.C.A. § 3182. Ex parte Arrington (Mo.), 270 S.W.2d 39. (1957) Before governor may honor requisition of another state, these facts must appear; (1) that the person sought is demanded as a fugitive from justice; (2) that the demanding governor has produced a copy of an indictment charging person sought with a crime; and (3) that such copy has been certified as authentic. Hagel v. Hendrix (A.), 302 S.W.2d 323. (1994) Governor's role in evaluating extradition requests and issuing arrest warrants is judicial in nature and duties of extradition officer for governor are quasi-judicial in nature, therefore, both governor and extradition officer are entitled to absolute immunity from suit. White v. Armontrout, 29 F.3d 357 (8th Cir.).
MO Rev Stat § 548.041 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.041 - Governor may require investigation.

Effective - 28 Aug 1953   548.041. Governor may require investigation. — When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered. ­­-------- (L. 1953 p. 425 § 4)
MO Rev Stat § 548.051 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.051 - Extradition of persons imprisoned or charged in another state or who have left demanding state under compulsion.

Effective - 28 Aug 1953   548.051. Extradition of persons imprisoned or charged in another state or who have left demanding state under compulsion. — 1. When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.  2. The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 548.231 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily. ­­-------- (L. 1953 p. 425 § 5)
MO Rev Stat § 548.061 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.061 - Extradition of persons not present in demanding state at time of commission of crime.

Effective - 28 Aug 1953   548.061. Extradition of persons not present in demanding state at time of commission of crime. — The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 548.031 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom. ­­-------- (L. 1953 p. 425 § 6)
MO Rev Stat § 548.071 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.071 - Issue of governor's warrant of arrest — its recitals.

Effective - 28 Aug 1953   548.071. Issue of governor's warrant of arrest — its recitals. — If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. ­­-------- (L. 1953 p. 425 § 7)
MO Rev Stat § 548.081 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.081 - Manner and place of execution.

Effective - 28 Aug 1953   548.081. Manner and place of execution. — Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state. ­­-------- (L. 1953 p. 425 § 8)
MO Rev Stat § 548.091 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.091 - Authority of arresting officer.

Effective - 28 Aug 1953   548.091. Authority of arresting officer. — Every such officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance. ­­-------- (L. 1953 p. 425 § 9)
MO Rev Stat § 548.101 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 548 - Extradition|Section 548.101 - Rights of accused person — application for writ of habeas corpus.

Effective - 28 Aug 1953   548.101. Rights of accused person — application for writ of habeas corpus. — No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. ­­-------- (L. 1953 p. 425 § 10)  (1962) Writ of prohibition issued to prevent circuit court from exercising further jurisdiction in habeas corpus proceeding wherein petitioner challenged extradition proceedings on ground of unconstitutionality of foreign statute under which he was charged. State ex rel. Anderson v. Weinstein (Mo.), 359 S.W.2d 355.