547.290. When the appeal is taken, or the writ of error issued out by the party indicted, if the supreme court affirm thejudgment of the court below it shall direct the sentencepronounced to be executed, and the same shall be executedaccordingly; if the judgment be reversed, the supreme court shalldirect a new trial, or that defendant be absolutely discharged,according to the circumstances of the case.
(RSMo 1939 § 4153)Prior revisions: 1929 § 3763; 1919 § 4109; 1909 § 5314