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 […]
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 […]
Effective – 28 Aug 1939 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 return of […]
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 […]
Effective – 28 Aug 2001 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 person is in custody may […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. ——– (RSMo 1939 § 4131) […]
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 […]
Effective – 02 Jan 1979 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Effective – 05 Jun 2006 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 […]
