reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.660 - Section 546.650 construed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.660. Section 546.650 construed. —
Section 546.650 shall not extend to convictions for writing or publishing any libel; nor shall any such security be hereafter required by any court upon any complaint, prosecution or conviction for any such writing or publishing.
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(RSMo 1939 § 4098)
Prior revisions: 1929 § 3709; 1919 § 4053; 1909 § 5259
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.670 - Recognizance, when broken.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.670. Recognizance, when broken. —
No recognizance given under the provisions of section 546.650 shall be deemed to be broken, unless the principal therein be convicted of some offense amounting, in judgment of law, to a breach of such recognizance.
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(RSMo 1939 § 4099)
Prior revisions: 1929 § 3710; 1919 § 4054; 1909 § 5260
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.680 - Capital cases, duty of court.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1988
546.680. Capital cases, duty of court. —
When judgment of death is rendered by any court of competent jurisdiction, a warrant signed by the judge and attested by the clerk under the seal of the court must be drawn and delivered to the sheriff. It must state the conviction and judgment and appoint a day on which the judgment must be executed, which must not be less than thirty nor more than sixty days from the date of judgment, and must direct the sheriff to deliver the defendant, at a time specified in said order, not more than ten days from the date of judgment, to the chief administrative officer of a correctional facility of the department of corrections, for execution.
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(RSMo 1939 § 4108, A.L. 1988 H.B. 1340 & 1348)
Prior revisions: 1929 § 3719; 1919 § 4063; 1909 § 5269
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.690 - Statement of conviction and judgment to governor.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.690. Statement of conviction and judgment to governor. —
The judge of a court at which a conviction is had must, immediately after the conviction, transmit to the governor of the state, by mail or otherwise, a statement of the conviction and judgment.
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(RSMo 1939 § 4109)
CROSS REFERENCE:
Pardons, governor's powers, conditions and restrictions, 217.800
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.700 - Sentence not executed, procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.700. Sentence not executed, procedure. —
Whenever, for any reason, any convict sentenced to the punishment of death shall not have been executed pursuant to such sentence, and the cause shall stand in full force, the supreme court, or the court of the county in which the conviction was had, on the application of the prosecuting attorney, shall issue a writ of habeas corpus to bring such convict before the court; or if he be at large, a warrant for his apprehension may be issued by such court, or any judge thereof.
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(RSMo 1939 § 4110)
Prior revisions: 1929 § 3720; 1919 § 4064; 1909 § 5270
CROSS REFERENCE:
Habeas corpus, generally, Chap. 532
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.710 - Execution warrant issued to the director of department of corrections for execution of offender.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1995
546.710. Execution warrant issued to the director of department of corrections for execution of offender. —
Upon such convicted offender being brought before the court, they shall proceed to inquire into the facts, and if no legal reasons exist against the execution of sentence, such court shall issue a warrant to the director of the department of corrections, for the execution of the prisoner at the time therein specified, which execution shall be obeyed by the director accordingly.
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(RSMo 1939 § 4111, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
Prior revisions: 1929 § 3721; 1919 § 4065; 1909 § 5271
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.730 - Place of executing judgment of death, duties of director.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1995
546.730. Place of executing judgment of death, duties of director. —
A judgment of death must be executed within a correctional center of the department of corrections; and such execution shall be under the supervision and direction of the director of the department of corrections.
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(RSMo 1939 § 4113, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.740 - Execution, witnesses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1995
546.740. Execution, witnesses. —
The chief administrative officer of the correctional center, or his duly appointed representative shall be present at the execution and the director of the department of corrections shall invite the presence of the attorney general of the state, and at least eight reputable citizens, to be selected by him; and he shall at the request of the defendant, permit such clergy or religious leaders, not exceeding two, as the defendant may name, and any person, other than another incarcerated offender, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution; but no person under twenty-one years of age shall be allowed to witness the execution.
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(RSMo 1939 § 4114, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
Prior revisions: 1929 § 3724; 1919 § 4068; 1909 § 5274
(2014) Specific duties imposed under section prevail over general statutory discretion granted by subsection 6 of section 217.025; warden therefore lacked discretion to deny defendant's request to have non-incarcerated defendant present at his execution. State ex rel. Taylor v. Russell, 449 S.W.3d 380 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.750 - Warrant of execution, how returned.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1990
546.750. Warrant of execution, how returned. —
After the execution the chief administrative officer of the correctional facility shall make a return upon the death warrant to the court by which the judgment was rendered, showing the time, mode and manner in which it was executed.
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(RSMo 1939 § 4115, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974)
Prior revisions: 1929 § 3725; 1919 § 4069; 1909 § 5275
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.800 - Pregnancy of female convict under death sentence — proceedings.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1969
546.800. Pregnancy of female convict under death sentence — proceedings. —
If, after any female convict shall be sentenced to the punishment of death, the officer having charge of her person shall have reason to suspect that she is pregnant, he shall in like manner summon a jury of six persons, not less than three of whom shall be physicians, and shall give notice thereof to the prosecuting attorney of the county where such criminal proceedings originated, or to the circuit attorney of the city of St. Louis, if such criminal proceedings originated in that city, who shall attend, and the proceedings shall be had as provided.
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(RSMo 1939 § 4196, A.L. 1969 p. 77)
Prior revisions: 1929 § 3806; 1919 § 4152; 1909 § 5360
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.810 - If found pregnant — sentence suspended.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.810. If found pregnant — sentence suspended. —
The inquisition shall be signed by the jury and the officer in charge of such convict, and if it appear that such female convict is pregnant with child, her execution shall be suspended and the inquisition shall be transmitted to the governor.
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(RSMo 1939 § 4197)
Prior revisions: 1929 § 3807; 1919 § 4153; 1909 § 5361
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.820 - Execution ordered when causes for suspension cease.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.820. Execution ordered when causes for suspension cease. —
Whenever the governor shall be satisfied that the cause of such suspension no longer exists, he shall issue his warrant, appointing a day for the execution of such convict, pursuant to her sentence; or he may, at his discretion, commute her punishment to imprisonment in the penitentiary for life.
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(RSMo 1939 § 4198)
Prior revisions: 1929 § 3808; 1919 § 4154; 1909 § 5362
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.860 - All property bound for fine and costs.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.860. All property bound for fine and costs. —
The property, real and personal, of any person charged with a criminal offense, shall be bound from the time of his final conviction of such offense, for the payment of all fines and costs which he may be adjudged to pay.
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(RSMo 1939 § 4119)
Prior revisions: 1929 § 3729; 1919 § 4073; 1909 § 5279
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.870 - Executions shall issue, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.870. Executions shall issue, when. —
It shall be the duty of the clerk of the court having criminal jurisdiction for the county at the end of each term, to issue executions for all fines imposed, and the costs of conviction in criminal cases, during the term and remaining unpaid, which shall be executed in the same manner as executions in civil cases; and the property of the defendant may be seized and sold thereon, notwithstanding he may be in custody for the same demand.
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(RSMo 1939 § 4120)
Prior revisions: 1929 § 3730; 1919 § 4074; 1909 § 5280
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.880 - May be consigned to workhouse, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
• Effective - 28 Aug 1939
546.880. May be consigned to workhouse, when. —
Whenever any person shall, because of a conviction for any misdemeanor or felony, be subject to imprisonment in a county jail, such person may, at the discretion of the court, be confined in any workhouse or other place of imprisonment belonging to any town or city in such county, or in any incorporated city from which said county has been separated by law; provided, the county commission of such county shall have contracted or agreed with the town or city owning such workhouse or other place of confinement for the custody and keeping of such convicts; and cities or towns having no workhouse or houses shall have authority to work convicted persons on the streets, bridges or other public works in such city or town.
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(RSMo 1939 § 4121)
Prior revisions: 1929 § 3731; 1919 § 4075; 1909 § 5281
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.881 - St. Louis City workhouse, commitment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 02 Jan 1979, see footnote
546.881. St. Louis City workhouse, commitment. —
1. Every person committed to the workhouse of the city of St. Louis, or other place of punishment provided by that city, by the circuit court of the city of St. Louis, shall be put to hard labor at such work as his or her strength and health will permit, whether within or without such place of imprisonment, and shall be under the control and management of those having charge of such prison, subject to such rules and regulations as the municipal assembly of St. Louis City may establish for such prisons.
2. If the party committed is unwilling although able to pay the fine and costs, if such be the punishment for the offense, in whole or in part, in payment of such fines and costs, the party committed shall be allowed for his or her work at the rate of ten dollars per day. No imprisonment for nonpayment of fine and costs shall exceed six months.
3. When a fine is assessed by the circuit court of the city of St. Louis the court may provide for the payment of the fine and costs on an installment basis under such terms and conditions as the court deems appropriate.
4. Any person, after being committed to the workhouse or other place of imprisonment provided by the city of St. Louis, for nonpayment of his or her fine and costs, desiring to pay same, shall make application to the judge of said court, who shall in open court order the fine and all costs of such person to be paid to the clerk of said court, whose duty it shall be to receive same, enter satisfaction on the execution in his execution book, and give notice in writing, under the seal of said court, to the superintendent or person having charge and control of said workhouse, that the execution against such person has been fully satisfied, whereupon such person shall immediately be discharged from said workhouse or place of punishment.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.890 - Persons committed to workhouse imprisoned for full term.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.890. Persons committed to workhouse imprisoned for full term. —
All persons committed to any workhouse or other places of confinement under the provisions of section 546.880 shall be imprisoned for the full term of their sentence, unless sooner discharged by due course of law.
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(RSMo 1939 § 4122)
Prior revisions: 1929 § 3732; 1919 § 4076; 1909 § 5282
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.900 - Stay of execution granted, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1939
546.900. Stay of execution granted, when. —
In case of a conviction for any offense where the punishment has been fixed at a fine or imprisonment in the county jail, or workhouse, or by both such fine and imprisonment, the court in which any such conviction was had, or the judge thereof in vacation, or any associate circuit judge before whom such conviction was had, may, for good cause shown, by order entered of record, or in writing signed by such judge or associate circuit judge, grant a stay of execution on any such judgment of conviction and sentence thereon for a definite period of time to be fixed by the court, judge or associate circuit judge granting the same, not to exceed six months, upon the defendant or some person for him entering a recognizance conditioned for his surrendering himself in execution at the time and place fixed by the judgment of such conviction or sentence on a day to be named in such order.
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(RSMo 1939 § 4129)
Prior revisions: 1929 § 3739; 1919 § 4085; 1909 § 5291
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 546 - Trials, Judgments and Executions in Criminal Cases › Section 546.902 - Municipalities in St. Louis County, authority to enact ordinances and enforce them with fines or imprisonment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 546
Effective - 28 Aug 1995
546.902. Municipalities in St. Louis County, authority to enact ordinances and enforce them with fines or imprisonment. —
Any municipality located within any county of the first classification with a population in excess of nine hundred thousand, for any purpose or purposes mentioned in this chapter, may enact and make all necessary ordinances, rules and regulations; and they may enact and make all such ordinances and rules, not inconsistent with the laws of the state, as may be expedient for maintaining the peace and good government and welfare of the city and its trade and commerce; and all ordinances may be enforced by prescribing and inflicting upon its inhabitants, or other persons violating the same, such fine not exceeding one thousand dollars, and such imprisonment not exceeding three months, or both such fine and imprisonment, as may be just for any offense, recoverable with costs of suit, together with judgment of imprisonment, until the fine and costs are paid or satisfied; and any person committed for the nonpayment of fine and costs, or either, may be compelled to work out the same as herein provided; but, in any case wherein the penalty for an offense is fixed by any statute, the council shall affix the same penalty by ordinance for the punishment of such offense, except that imprisonments, when made under city ordinances, may be in the city prison or workhouse instead of the county jail.
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(L. 1995 H.B. 424 § 8)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.010 - New trials.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.010. New trials. —
Verdicts may be set aside, and new trials awarded on the application of the defendant. A new trial is a reexamination of the issue in the same court; the former verdict shall not be used or referred to on the subsequent trial, either in the evidence or argument.
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(RSMo 1939 § 4123)
Prior revisions: 1929 § 3733; 1919 § 4077; 1909 § 5283
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.020 - New trials — when granted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.020. New trials — when granted. —
The court may grant a new trial for the following causes, or any of them:
(1) When the jury has received any evidence, papers or documents, not authorized by the court, or the court has admitted illegal testimony, or excluded competent and legal testimony, or for newly discovered evidence;
(2) When the jury has been separated without leave of the court, after retiring to deliberate upon their verdict, or has been guilty of any misconduct tending to prevent a fair and due consideration of the case;
(3) When the verdict has been decided by means other than a fair expression of opinion on the part of all the jurors;
(4) When the court has misdirected the jury in a material matter of law;
(5) When the verdict is contrary to the law or evidence.
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(RSMo 1939 § 4124)
Prior revisions: 1929 § 3734; 1919 § 4078; 1909 § 5284
(1952) Where jurors during trial were transported by sheriff and deputy sheriffs to and were quartered in residence nineteen miles from courthouse, and doctors were called and administered "shots" to two jurors in presence of sheriff both at said residence and at courthouse and some of jurors retired to restroom while others remained outside all in presence of sheriff, there was no prejudicial error. State v. Rose (Mo.), 249 S.W.2d 324.
(1953) Where in burglary case sheriff, who was one of the state's main witnesses, was observed talking to juror about a burglary case after close of evidence but before submission and the state made no showing whatever that juror was not subjected to improper influence, the verdict against defendant should be set aside. State v. Jones, 363 Mo. 998, 255 S.W.2d 801.
(1956) Where juror on voir dire in robbery prosecution failed to disclose that accessories on his automobile had disappeared and testified that such accessories were of small value and that he had forgotten the incident, the verdict would not be disturbed. State v. Townzell (Mo.), 286 S.W.2d 785.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.031 - Information of innocence of convicted person — prosecuting or circuit attorney may file to vacate or set aside judgment — procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 2021
547.031. Information of innocence of convicted person — prosecuting or circuit attorney may file to vacate or set aside judgment — procedure. —
1. A prosecuting or circuit attorney, in the jurisdiction in which a person was convicted of an offense, may file a motion to vacate or set aside the judgment at any time if he or she has information that the convicted person may be innocent or may have been erroneously convicted. The circuit court in which the person was convicted shall have jurisdiction and authority to consider, hear, and decide the motion.
2. Upon the filing of a motion to vacate or set aside the judgment, the court shall order a hearing and shall issue findings of fact and conclusions of law on all issues presented. The attorney general shall be given notice of hearing of such a motion by the circuit clerk and shall be permitted to appear, question witnesses, and make arguments in a hearing of such a motion.
3. The court shall grant the motion of the prosecuting or circuit attorney to vacate or set aside the judgment where the court finds that there is clear and convincing evidence of actual innocence or constitutional error at the original trial or plea that undermines the confidence in the judgment. In considering the motion, the court shall take into consideration the evidence presented at the original trial or plea; the evidence presented at any direct appeal or post-conviction proceedings, including state or federal habeas actions; and the information and evidence presented at the hearing on the motion.
4. The prosecuting attorney or circuit attorney shall have the authority and right to file and maintain an appeal of the denial or disposal of such a motion. The attorney general may file a motion to intervene and, in addition to such motion, file a motion to dismiss the motion to vacate or to set aside the judgment in any appeal filed by the prosecuting or circuit attorney.
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(L. 2021 S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.037 - Motion for release filed, when, procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 2001
547.037. Motion for release filed, when, procedure. —
1. If testing ordered pursuant to section 547.035 demonstrates a person's innocence of the crime for which the person is in custody, a motion for release may be filed in the sentencing court.
2. The court shall issue to the prosecutor an order to show cause why the motion should not be granted. The prosecutor shall file a response consenting to or opposing the motion.
3. If the prosecutor consents to the motion and if the court finds that such testing demonstrates the movant's innocence of the crime for which he or she is in custody, the court shall order the movant's release from the sentence for the crime for which testing occurred.
4. If the prosecutor files a response opposing the movant's release, the court shall conduct a hearing. If a hearing is ordered, the public defender shall be appointed to represent the movant if the movant is indigent. The hearing shall be on the record. The movant shall have the burden of proving the allegations of the motion by a preponderance of the evidence.
5. If the court finds that the testing ordered pursuant to section 547.035 demonstrates the movant's innocence of the crime for which he or she is in custody, the court shall order the movant's release from the sentence for the crime for which the testing occurred. Otherwise, relief shall be denied the movant.
6. The court shall issue findings of fact and conclusions of law whether or not a hearing is held. An appeal may be taken from the court's findings and conclusions as in other civil cases.
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(L. 2001 S.B. 267)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.040 - Motion in arrest of judgment — abolished.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.040. Motion in arrest of judgment — abolished. —
The motion in arrest of judgment is hereby abolished, and hereafter all the rights which heretofore could have been saved by the defendants in a motion in arrest, and which have not been waived by failure to make timely objections, may be saved in the motion for a new trial.
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(RSMo 1939 § 4126)
Prior revisions: 1929 § 3736; 1919 § 4080; 1909 § 5286
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.050 - Court of its own motion may arrest judgment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.050. Court of its own motion may arrest judgment. —
Judgment shall be arrested or set aside whenever it shall be made to appear to the court that the grand jury which found the indictment had no legal authority to inquire into the offense charged; or that the facts stated do not constitute any offense under the laws of this state; and the effect of such an arrest of judgment shall be to place the defendant in the same situation in which he was before indictment was found or information filed and the court may upon its view of any of these defects, arrest the judgment without motion.
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(RSMo 1939 § 4127)
Prior revisions: 1929 § 3737; 1919 § 4081; 1909 § 5287
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.060 - In cases of arrest, court may order prisoner recommitted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.060. In cases of arrest, court may order prisoner recommitted. —
When judgment is arrested in any case, and there is reasonable ground to believe that the defendant can be convicted of an offense, if properly charged, the court may order the defendant to be recommitted or admitted to bail anew to answer a new indictment or information.
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(RSMo 1939 § 4128)
Prior revisions: 1929 § 3738; 1919 § 4084; 1909 § 5290
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.070 - Appeals — when granted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(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.).
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.080 - Writs of error.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4131)
Prior revisions: 1929 § 3741; 1919 § 4087; 1909 § 5293
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.090 - Appeals in felony cases, within what time.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.100 - Appeals in misdemeanor cases — procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 02 Jan 1979, see footnote
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.
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(RSMo 1939 § 4152, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3762; 1919 § 4108
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.110 - Transcript on appeal prepared by clerk, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.120 - Transcript prepared by appellant, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.130 - Stay of execution, when — exceptions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4132)
Prior revisions: 1929 § 3742; 1919 § 4088; 1909 § 5294
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.140 - Suspension of judgment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4133)
Prior revisions: 1929 § 3743; 1919 § 4089; 1909 § 5295
2023 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.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4134)
Prior revisions: 1929 § 3744; 1919 § 4090; 1909 § 5296
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.160 - Sheriff to keep prisoner in custody, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4135)
Prior revisions: 1929 § 3745; 1919 § 4091; 1909 § 5297
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.170 - Prisoner, when let to bail.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
• Effective - 05 Jun 2006, 2 histories, see footnote
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.
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(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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.180 - Condition of recognizance — felony cases.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4137)
Prior revisions: 1929 § 3747; 1919 § 4093; 1909 § 5299
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.190 - Recognizance on appeal — misdemeanor cases.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4138)
Prior revisions: 1929 § 3748; 1919 § 4094; 1909 § 5300
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.200 - Appeal by state.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(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.
2023 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.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
• 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.
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(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.
2023 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.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
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.
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(RSMo 1939 § 4144)
Prior revisions: 1929 § 3754; 1919 § 4100; 1909 § 5306