Mo. Rev. Stat. » Chapter 547
Missouri Revised Statutes

Mo. Rev. Stat. § 547.120 (2026)

Transcript prepared by appellant, when

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  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 the transcript shall not be required in advance.

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(RSMo 1939 § 4147)

Prior revisions: 1929 § 3757; 1919 § 4103; 1909 § 5309

(1954) Where a death penalty is imposed and appeal taken, clerk is required to make out and return transcript to Supreme Court but in other cases appellant himself must see that his appeal is duly perfected. Turner v. Eidson (C.C.A.), 215 F.2d 728.

Notes of Decisions
Cited in 4 cases, 1952–1963 · leading case: State v. Hite, 298 S.W.2d 411 (Mo. 1957).
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State v. Hite, 298 S.W.2d 411 (Mo. 1957). · cites it 3× “It is the duty of an appealing defendant in criminal cases not involving capital punishment to see to it that a proper transcript is transmitted to and filed in the proper appellate court.”
State v. Cerny, 248 S.W.2d 844 (Mo. 1952). “" This is not a capital case or a case wherein a stay of the judgment in a criminal case has been ordered, §§ 547.”
State v. Lowe, 365 S.W.2d 613 (Mo. 1963). “” There is nothing in this record to indicate that this is an appeal by special order under Criminal Procedure Rule 28.”
State v. Charlton, 251 S.W.2d 82 (Mo. 1952). “1949, § 547.120, Y.A.M.S., provides: “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 the…”
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