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

Mo. Rev. Stat. § 547.230 (2026)

State may sue out writ of error

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  547.230.  State may sue out writ of error. — The prosecuting attorney may apply for and prosecute a writ of error in the supreme court, in like manner and with like effect as such writ may be prosecuted by the defendant; but in such case the defendant shall not be required to enter into any recognizance to answer further to such offense, but if the judgment of the circuit court shall be reversed, the defendant may be arrested on warrant and brought before the circuit court for judgment, or such other proceedings as the case may require.

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(RSMo 1939 § 4145, A.L. 1983 H.B. 279)

Prior revisions: 1929 § 3755; 1919 § 4101; 1909 § 5307

Notes of Decisions
Cited in 2 cases, 1953–1954 · leading case: State v. Getty, 273 S.W.2d 170 (Mo. 1954).
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State v. Getty, 273 S.W.2d 170 (Mo. 1954). · cites it 3× “Section 547.230 RSMo 1949, V.A.M.S., provides that': “If no appeal be taken by or allowed to the state in any case in which an appeal would lie on behalf of the state, the prosecuting attorney may apply for and prosecute a writ óf error in the supreme court, in like manner and…”
State ex rel. Downs v. Kimberlin, 260 S.W.2d 552 (Mo. 1953). “210; (2)- writ of error under § 547.230; (3) certiorari; and (4) , “the filing of a new information (if a sufficient charge can be drawn) .”
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