Title XXXVII, CRIMINAL PROCEDURE

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…

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 governo…

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…

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 …

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 i…

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 pr…

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 …

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 f…

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 ex…

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 t…

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 …

548.111. Penalty for noncompliance with section 548.101. — Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant, in willful disobedience to section 548.101, shall be guilty of a misdemeanor and, on …

548.121. Confinement in jail when necessary. — 1. The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city throu…

548.131. Arrest prior to requisition. — Whenever any person within this state shall be charged on the oath of any credible person before any judge or associate circuit judge of this state with the commission of any crime in any other state and, except in cases arising under secti…

548.141. Arrest without a warrant. — The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment …

548.151. Commitment to await requisition — bail. — If from the examination before the judge or associate circuit judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 548.061, that he has fle…

548.161. Bail — in what cases — conditions of bond. — Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or associate circuit judge in this state m…

548.171. Extension of time of commitment — adjournment. — If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or associate circuit judge may discharge him or may recommit him for a further period not…

548.181. Forfeiture of bail. — If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or associate circuit judge by proper order, shall declare the bond forfeited and order his immediate arrest without wa…

548.191. Persons under criminal prosecution in this state at time of requisition. — If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, in his discretion, either may surrender him on demand of the exec…

548.201. Guilt or innocence of accused when inquired into. — The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form …

548.211. Governor may recall warrant or issue alias. — The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. ­­-------- (L. 1953 p. 425 § 21)

548.221. Fugitives from this state — duty of governor. — Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other …

548.231. Application for issuance of requisition — by whom made — contents. — 1. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return…

548.241. Costs and expenses. — 1. All necessary and proper expenses accruing under section 548.221, upon being ascertained to the satisfaction of the governor, shall be allowed on his certificate and paid out of the state treasury as other demands against the state. 2. All necess…

548.243. Waiver of extradition — costs, how paid — return of person, by whom. — In any criminal proceeding wherein a court in this state has issued a warrant for the arrest of a person and that person was arrested in any other state, territory, or possession of the United States …

548.251. Immunity from service of process in certain civil actions. — A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal…

548.260. Written waiver of extradition proceedings. — 1. Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service…

548.270. Nonwaiver by this state. — Nothing in this chapter contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of …