Title XXXVII — CRIMINAL PROCEDURE

546.550. Presence of prisoner at rendition of judgment. — For the purpose of judgment, if the conviction be for an offense punishable by imprisonment, or imprisonment be assessed as punishment by the jury, the defendant must be personally present; if for a fine only, he must be p…

546.560. Presence of prisoner in court. — If the defendant is in custody, he must be brought before the court for judgment; if he is not present when his personal attendance is necessary, the court may order the clerk to issue a warrant for his arrest, which may be served in any …

546.570. Hearing before sentence. — When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, and asked whether he has any legal cause to show why judgment should not be pronounced against him; and if no such sufficient cause be shown a…

546.580. Section 546.570 deemed directory, when. — If the defendant has been heard on a motion for a new trial, or in arrest of judgment, and in all cases of misdemeanor, the requirements of section 546.570 shall be deemed directory, and the omission to comply with it shall not i…

546.590. Judgment to be entered by clerk. — Whenever a judgment upon a conviction shall be rendered in any court, the clerk of such court shall enter such judgment fully on the minutes, stating briefly the offense for which such conviction shall have been had, and the court shall…

546.595. Associate circuit judge to file statement with certain officers if no appeal — collection of fines. — It shall be the duty of the associate circuit judge before whom any conviction may be had under this chapter, if there be no appeal, to make out and certify, and within …

546.600. Copy of judgment of conviction to sheriff. — Whenever a sentence of imprisonment in a county jail shall be pronounced upon any person convicted of any offense, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county a transcript…

546.610. Copy of commitment to sheriff — prisoner, how and where delivered. — When any offender shall be committed to the department of corrections the clerk of the court in which the sentence was passed shall forthwith deliver a certified copy thereof to the sheriff of the count…

546.620. Power of sheriff to summon aid. — Such sheriff or deputy, while conveying a convict to the penitentiary, shall have the same power and like authority to require the assistance of any citizen of this state in securing such convict, and retaking him if he shall escape, as …

546.650. Court may require security to keep the peace. — The court before which any person shall be convicted of any criminal offense shall have power, in addition to the sentence prescribed or authorized by law, to require such person to give security to keep the peace or be of …

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. ­­-------- (…

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. ­­-------- (RSMo 1939 § 409…

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 jud…

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. ­­-------- (RSMo 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 conv…

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, …

546.720. Death penalty — manner of execution — execution team to be selected, members, confidentiality. — 1. The manner of inflicting the punishment of death shall be by the administration of lethal gas or by means of the administration of lethal injection. And for such purpose t…

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 correction…

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, a…

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.…

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 …

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…

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 …

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. ­­------…

[Repealed or reserved.]

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 imprisonm…

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 …

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…

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 …

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 menti…

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 argu…

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 le…

547.030. Motion for new trial. — The motion for a new trial shall be in writing and must set forth in detail and with particularity, in separate numbered paragraphs, the specific grounds or causes therefor. Such motion shall be filed before judgment and within four days after the…

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 charges were filed, may file a motion to vacate or set aside the judg…

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…