547.210. Indictment or information insufficient, defendant held--state may appeal.
Indictment or information insufficient, defendant held--state mayappeal.
547.210. When any indictment or information is adjudgedinsufficient upon demurrer or exception, or where judgmentthereon is arrested or set aside, the court in which theproceedings were had, either from its own knowledge or frominformation given by the prosecuting attorney that there isreasonable ground to believe that the defendant can be convictedof an offense, if properly charged, may cause the defendant to becommitted or recognized to answer a new indictment orinformation, or if the prosecuting attorney prays an appeal to anappellate court, the court may, in its discretion, grant anappeal.
(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.