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.
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 547 - Appeals, New Trials and Exceptions
Section 547.020 - New trials — when granted.
Section 547.030 - Motion for new trial.
Section 547.037 - Motion for release filed, when, procedure.
Section 547.040 - Motion in arrest of judgment — abolished.
Section 547.050 - Court of its own motion may arrest judgment.
Section 547.060 - In cases of arrest, court may order prisoner recommitted.
Section 547.070 - Appeals — when granted.
Section 547.080 - Writs of error.
Section 547.090 - Appeals in felony cases, within what time.
Section 547.100 - Appeals in misdemeanor cases — procedure.
Section 547.110 - Transcript on appeal prepared by clerk, when.
Section 547.120 - Transcript prepared by appellant, when.
Section 547.130 - Stay of execution, when — exceptions.
Section 547.140 - Suspension of judgment.
Section 547.150 - Stay of proceedings and writ of error to be filed.
Section 547.160 - Sheriff to keep prisoner in custody, when.
Section 547.170 - Prisoner, when let to bail.
Section 547.180 - Condition of recognizance — felony cases.
Section 547.190 - Recognizance on appeal — misdemeanor cases.
Section 547.200 - Appeal by state.
Section 547.210 - Indictment or information insufficient, defendant held — state may appeal.
Section 547.220 - Defendant to make recognizance in cases of appeal.
Section 547.230 - State may sue out writ of error.
Section 547.240 - Recognizances, where certified.
Section 547.250 - Forfeiture, where certified.
Section 547.270 - No assignment, or joinder in error, necessary.
Section 547.280 - Errors as to time or place of imprisonment, no ground for reversal.
Section 547.290 - Supreme court shall direct execution of sentence, when.
Section 547.300 - Effect of affirmance or reversal.
Section 547.310 - Defendant ordered arrested, when.
Section 547.320 - Cause remanded, procedure.
Section 547.350 - Power of marshal in executing order.