Missouri Revised Statutes

Mo. Rev. Stat. § 547.210 (2026)

Indictment or information insufficient, defendant held

✓ current as of May 2026

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547.210. Indictment or information insufficient, defendant held — state may appeal. — When any indictment or information is adjudged insufficient upon demurrer or exception, or where judgment thereon is arrested or set aside, the court in which the proceedings were had, either from its own knowledge or from information given by the prosecuting attorney that there is reasonable ground to believe that the defendant can be convicted of an offense, if properly charged, may cause the defendant to be committed or recognized to answer a new indictment or information, or if the prosecuting attorney prays an appeal to an appellate court, the court may, in its discretion, grant an appeal.

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(RSMo 1939 § 4143)

Prior revisions: 1929 § 3753; 1919 § 4099; 1909 § 5305

(1954) Supreme Court rule as to appeals by state in criminal case does not deprive defendant of any right, and is valid since it only changes the mode of appeal, not the right. State v. Getty (Mo.), 273 S.W.2d 170.

(1963) State could not appeal from dismissal of information and discharge of defendant, in prosecution for burglary and stealing from estate of deceased, which was not based solely on failure of information to state an accusation, but was also based on stipulation by parties setting out facts in support of defendant's defense that he could not be guilty because he was a lawful heir. State v. Brooks (Mo.), 372 S.W.2d 83.

(1973) Where defendant moved to dismiss on ground that it was legally incapable of committing crime under state laws, was immune to criminal liability, not criminally liable for any criminal acts of its agents or employees and was not included within those enumerated legal entities subject to fish and game code, there was no attack upon "sufficiency of the accusation", and Court of Appeals had no jurisdiction to review, on state's appeal, grant of the motion. State v. Little River Drainage District (A.), 490 S.W.2d 675.

(1977) Held, procedure for state to appeal has been changed by Ct. Rule 28.04, and application to trial court to appeal is no longer required. State v. Adams (A.), 546 S.W.2d 550.

Notes of Decisions

Cited in 55 cases (4 in the last 5 years), 1953–2024 · leading case: State of Missouri v. Jerri Smiley, 478 S.W.3d 411 (Mo. 2016).

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State of Missouri v. Jerri Smiley, 478 S.W.3d 411 (Mo. 2016). · cites it 4× “The state, in any criminal prosecution, shall be allowed an appeal in the cases and under the circumstances mentioned in section 547.210 [cases where the indictment or information has been held insufficient] and in all other criminal cases except in those cases where the…”

State Ex Rel. Westfall v. Mason, 594 S.W.2d 908 (Mo. 1980). · cites it 4× “On October 2, 1979, by order of this Court relator was permitted to amend its petition and allege the State had no adequate remedy at law.”

State v. Coor, 740 S.W.2d 350 (Mo. Ct. App. 1987). · cites it 6× “The subsection of § 547.200 upon which the State relies reads as follows: “2.”

State v. Reed, 770 S.W.2d 517 (Mo. Ct. App. 1989). · cites it 6× “Section 547.210, RSMo (1986) permits an appeal by the State when an indictment or information is adjudged insufficient upon demurrer or exception, or when the judgment is arrested or set aside.”

State v. Shaon, 145 S.W.3d 499 (Mo. Ct. App. 2004). · cites it 2× “2 provides that "[t]he state, in any criminal prosecution, shall be allowed an appeal in the cases and under the circumstances mentioned in section 547.210 and in all other criminal cases except in those cases .”

State v. Burns, 994 S.W.2d 941 (Mo. 1999). · cites it 2× “The state, in any criminal prosecution, shall be allowed an appeal in the cases and under the circumstances mentioned in section 547.210 [cases where the indictment or information has been held insufficient] and in all other criminal cases except in those cases where the…”

State v. Diaz-Rey, 397 S.W.3d 5 (Mo. Ct. App. 2013). · cites it 2× “2; Section 547.210. The question of whether a forgery prosecution is preempted by federal law is one of law.”

State v. Thompson, 627 S.W.2d 298 (Mo. 1982). · cites it 2× “Thompson was charged by the State of Missouri with illegal possession of pentazocine, [1] a schedule IV controlled substance, in violation of § 195.”

State v. Casaretto, 818 S.W.2d 313 (Mo. Ct. App. 1991). · cites it 2× “2 (1986), provides, in part: The State, in any criminal prosecution, shall be allowed an appeal in the cases and under the circumstances mentioned in section 547.210 and in all other criminal cases except in those cases where the possible outcome of such an appeal would result…”

State v. Morton, 971 S.W.2d 335 (Mo. Ct. App. 1998). · cites it 2× “The constitutional prohibition against double jeopardy is embodied in Section 547.210, which permits an appeal by the state when an indictment or information is adjudged insufficient upon demurrer or exception, or when the judgment is arrested or set aside.”

State v. Adams, 546 S.W.2d 550 (Mo. Ct. App. 1977). · cites it 4× “He cites § 547.210 RSMo 1969 wherein it is provided that “When any * * * information is adjudged insufficient * * * if the prosecuting attorney prays an appeal to an appellate court, the court may, in its discretion, grant an appeal.”

State v. Puckett, 146 S.W.3d 19 (Mo. Ct. App. 2004). · cites it 2× “2 provides that "[t]he state, in any criminal prosecution, shall be allowed an appeal in the cases and under the circumstances mentioned in section 547.210 [addressing insufficient indictment or information] and in all other criminal cases except in those cases where the…”

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