547.280. Errors as to time or place of imprisonment, no ground for reversal. - Missouri Statutes

Errors as to time or place of imprisonment, no ground for reversal.

547.280. No judgment shall be reversed or set aside by theappellate court, for the reason that the judgment by virtue ofwhich such person is confined, or from which he has prosecuted anappeal or writ of error, was erroneous as to time or place ofimprisonment, but in such case it shall be the duty of the courtor officer hearing the case to sentence such person to the properplace of confinement, and for the correct length of time, fromand after the date of the original sentence, and to cause theofficer or other person having such prisoner in charge to conveyhim forthwith to such designated place of imprisonment.

(RSMo 1939 § 4155)

Prior revisions: 1929 § 3765; 1919 § 4111; 1909 § 5316

(1951) Where fine is less than maximum required by statute it is error in favor of defendant of which he cannot complain on appeal. State v. Keith (Mo.), 241 S.W.2d 901.

(1954) Where no brief was filed and transcript contained nothing beyond record proper (prior to adoption of Rule 28.08) court on appeal could only render judgment on record. State v. Smith (A.), 268 S.W.2d 48.

(1973) Where defendant was charged with assault with intent to maim without malice but was convicted of assault with intent to maim with malice, the court was without jurisdiction to impose sentence and the judgment was absolutely void, not erroneous as to time, and defendant could not be resentenced. State v. Barnes (Mo.), 492 S.W.2d 729.