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 court, on inspection of the record, shall be of opinion that there is probable cause for such an appeal or writ of error, or so much doubt as to render it expedient to take the judgment of the supreme court thereon, and shall make an order expressly directing that such appeal or writ of error shall operate as a stay of proceedings on the judgment; but in capital cases the order granting the appeal shall operate as such stay absolutely.
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(RSMo 1939 § 4132)
Prior revisions: 1929 § 3742; 1919 § 4088; 1909 § 5294
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.