Missouri Revised Statutes

Mo. Rev. Stat. § 547.070 (2026)

Appeals

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  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 written application for such appeal.

­­--------

(RSMo 1939 § 4130)

Prior revisions: 1929 § 3740; 1919 § 4086; 1909 § 5292

(1951) Where no appeal was applied for within the time provided by this section and no writ of error was applied for or issued within time fixed by supreme court rule 1.34, the supreme court has no jurisdiction of the appeal. State v. Smith (Mo.), 242 S.W.2d 515.

(1952) Where record showed motion for new trial filed and overruled but failed to show allocution, sentence and judgment, appeal was premature and cause must be remanded.  State v. Bledsoe (Mo.), 249 S.W.2d 457; (1952) State v. Skaggs (Mo.), 248 S.W.2d 635.

(1957) Notice of appeal procedure specified by supreme court rule 28.03 has superseded this statute. State v. Amsden (Mo.), 299 S.W.2d 498.

(1984) A suspended imposition of sentence is not a final judgment for purposes of appeal. State v. Lynch (Mo. banc), 679 S.W.2d 858.

(1994) Defendant may not appeal from conviction in which imposition of sentence was suspended, because suspended imposition of sentence is not final appealable judgment as required by section.  State v. Detherage, 869 S.W.2d 293 (Mo. App. E.D.).

Notes of Decisions
Cited in 112 cases (10 in the last 5 years), 1952–2024 · leading case: State v. Lynch, 679 S.W.2d 858 (Mo. 1984).
State v. Lynch, 679 S.W.2d 858 (Mo. 1984). · cites it 9× “§ 547.070, RSMo 1978. This Court should not, indeed cannot due to constitutional restraints, establish some new rule pertaining to rights of appeal which would be contrary to extant statutory authority.”
State of Missouri v. Demetrius C. Nelson, 505 S.W.3d 869 (Mo. Ct. App. 2016). · cites it 5× “• In criminal cases, appeal lies only from á final judgment, § 547.070, which occurs “only when a sentence is entered.”
State v. Craig, 287 S.W.3d 676 (Mo. 2009). · cites it 3× “In criminal cases, § 547.070, RSMo 2000, allows appeals from final judgments, which occur when the court enters a judgment of guilt and sentence.”
State v. Stout, 960 S.W.2d 535 (Mo. Ct. App. 1998). · cites it 7× “Section 547.070 RSMo 1994 allows appeals in criminal cases from a “final judgment”.”
State v. Hotze, 250 S.W.3d 745 (Mo. Ct. App. 2008). · cites it 5× “Section 547.070, RSMo 2000. In a criminal case, the judgment becomes final for purposes of appeal when the judgment and sentence are entered.”
State v. Williams, 871 S.W.2d 450 (Mo. 1994). · cites it 3× “Although both parties address the merits of this issue, neither party addresses whether an appellate court has the power to review the terms and conditions of probation on direct appeal.”
State v. Larson, 79 S.W.3d 891 (Mo. 2002). · cites it 2× “Section 547.070: "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…”
State v. Moore, 352 S.W.3d 392 (Mo. Ct. App. 2011). · cites it 3× “He contends that the trial court lacked statutory authority to suspend the imposition of sentence, and cites section 302.821, which provides that no court shall suspend the imposition of sentence for certain repeat offenders.”
State v. Singer, 719 S.W.2d 818 (Mo. Ct. App. 1986). · cites it 4× “In Missouri the right of criminal defendants to appeal is guaranteed by statute, § 547.070, RSMo 1978. That right of appeal is reflected in Rule 30.”
State v. Payne, 403 S.W.3d 606 (Mo. Ct. App. 2011). · cites it 6× “2 “In criminal cases, section 547.070, RSMo 2000, allows appeals from final judgments, which occur when the court enters a judgment of conviction and sentence.”
State v. Reynolds, 819 S.W.2d 322 (Mo. 1991). · cites it 4× “See also § 547.070, RSMo 1986. To deny review of the armed criminal action conviction in this case because Reynolds did not challenge the burglary count on appeal, as the doctrine allows, would be to subject him to disabilities and legal consequences unique to that offense.”
State v. Sturdevant, 143 S.W.3d 638 (Mo. Ct. App. 2004). · cites it 3× “Section 547.070, RSMo 2000, provides for an appeal in criminal cases in all cases from a “final judgment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.