Title XXXVII, CRIMINAL PROCEDURE

547.035. Postconviction DNA testing for persons in the custody of the department — motion, contents — procedure. — 1. A person in the custody of the department of corrections claiming that forensic DNA testing will demonstrate the person's innocence of the crime for which the per…

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 pr…

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 objecti…

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 …

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 adm…

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 r…

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 revisi…

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…

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…

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 rec…

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 …

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 cou…

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…

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 wa…

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 a…

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 violat…

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 …

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 t…

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…

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 fr…

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; a…

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 ente…

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 supre…

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…

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 c…

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 t…

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 erro…

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 sh…

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 …

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 whic…

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 § …

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 …

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 …

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 …

547.360. Post conviction relief. — 1. A person convicted of a felony on a plea of guilty or after trial and delivered to the custody of the department of corrections who claims that the conviction or sentence imposed violates the constitution and laws of this state or the constit…

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 cou…

547.500. Conviction review unit, claims of actual innocence — rules — application process — findings and recommendations. — 1. The Missouri office of prosecution services may establish a conviction review unit to investigate claims of actual innocence of any defendant including t…