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 of sections 579.065*, 565.021, 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, 566.100, or where the defendant has entered a plea of guilty to or been found guilty of any sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, 573.037, and 573.040, any court or officer authorized to order a stay of proceedings under the preceding provisions may allow a writ of habeas corpus, to bring up the defendant, and may thereupon let him to bail upon a recognizance, with sufficient sureties, to be approved by such court or judge.
--------
(RSMo 1939 § 4136, A.L. 1993 S.B. 180, A.L. 2002 S.B. 758 merged with S.B. 969, et al., A.L. 2006 H.B. 1698, et al.)
Prior revisions: 1929 § 3746; 1919 § 4092; 1909 § 5298
Effective 6-05-06
*Section 195.222 was transferred to section 579.065 by S.B. 491, 2014, effective 1-01-17.
CROSS REFERENCE:
No bail, certain defendants, certain offenses, 544.671
(1975) Unwillingness of private bondsman to underwrite petitioner's release is no basis for a writ of habeas corpus. Application of Holt (A.), 518 S.W.2d 451.
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.