Effective 28 Aug 1997

547.200. Appeal by state. — 1. An appeal may be taken by the state through the prosecuting or circuit attorney from any order or judgment the substantive effect of which results in:

(1) Quashing an arrest warrant;

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

(3) Suppressing evidence; or

(4) Suppressing a confession or admission.

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

3. The appeal provided in subsection 1 of this section shall be an interlocutory appeal, filed in the appropriate district of the Missouri court of appeals, unless the proceedings involve a charge of capital murder or murder in the first degree, pursuant to the provisions of section 565.001 or 565.003, in which case notices of appeal shall be filed in the supreme court of Missouri.

4. Notices of appeal involving appeals under subsection 1 of this section shall be filed in the appropriate court within five days of the entry of the order of the trial court. In such appeals, the time requirements of section 545.780 shall be tolled until the decision is rendered by the appropriate appellate court.

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

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(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.E.D.), 689 S.W.2d 763.