547.200. Appeal by state. - Missouri Statutes

Appeal by state.

547.200. 1. An appeal may be taken by the state through theprosecuting or circuit attorney from any order or judgment the substantiveeffect of which results in:

(1) Quashing an arrest warrant;

(2) A determination by the court that the accused lacks the mentalcapacity or fitness to proceed to trial, pursuant to section 552.020, RSMo;

(3) Suppressing evidence; or

(4) Suppressing a confession or admission.

2. The state, in any criminal prosecution, shall be allowed an appealin the cases and under the circumstances mentioned in section 547.210 andin all other criminal cases except in those cases where the possibleoutcome of such an appeal would result in double jeopardy for thedefendant. The supreme court shall issue rules governing such appeals.

3. The appeal provided in subsection 1 of this section shall be aninterlocutory appeal, filed in the appropriate district of the Missouricourt of appeals, unless the proceedings involve a charge of capital murderor murder in the first degree, pursuant to the provisions of section565.001 or 565.003, RSMo, in which case notices of appeal shall be filed inthe supreme court of Missouri.

4. Notices of appeal involving appeals under subsection 1 of thissection shall be filed in the appropriate court within five days of theentry of the order of the trial court. In such appeals, the timerequirements of section 545.780, RSMo, shall be tolled until the decisionis rendered by the appropriate appellate court.

5. The supreme court shall issue appropriate rules to facilitate thedisposition of such appeals, balancing the right of the state to review thecorrectness of pretrial decisions of a trial court against the rights ofthe defendant to a speedy trial, including measures to facilitate theseappeals by shortening of the time to file appellant's brief under supremecourt rule 30.06(K) to ten days, and eliminations of motions for rehearingor transfer under supreme court rules 30.26 and 30.27.

(RSMo 1939 § 4142, A.L. 1983 H.B. 279, A.L. 1997 S.B. 56)

Prior revisions: 1929 § 3752; 1919 § 4098; 1909 § 5304

(1956) Court rule could not change the law relating to the right of appeal, so that appeal by state from order setting aside verdict in criminal case on ground evidence was insufficient to sustain conviction would be dismissed. State v. Pottinger, 365 Mo. 794, 287 S.W.2d 782.

(1961) Where information was dismissed for the reason it was filed after the end of the term in which a previous indictment was filed and the defendant had had no preliminary examination the state had no right to appeal because the indictment was not held to be insufficient. State v. Ulmer (Mo.), 351 S.W.2d 7.

(1985) The "good faith" exception to the exclusionary rule does not apply where the invalidity of the warrant is based on state statute. State v. Berkwit (Mo.App.), 689 S.W.2d 763.