When any indictment or information is adjudged insufficient upon demurrer or exception, or where judgment thereon is arrested or set aside, the court in which the proceedings were had, either from its own knowledge or from information given by the prosecuting attorney that there is reasonable ground to believe that the defendant can be convicted of an offense, if properly charged, may cause the defendant to be committed or recognized to answer a new indictment or information, or if the prosecuting attorney prays an appeal to an appellate court, the court may, in its discretion, grant an appeal.
Mo. Rev. Stat. § 547.210
Indictment or information insufficient, defendant held — state may appeal
Effective: 28 Aug 1939; (RSMo 1939 § 4143); Prior revisions: 1929 § 3753; 1919 § 4099; 1909 § 5305
Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.