Section 547.280

Title XXXVII CRIMINAL PROCEDURE

Chapter 547

Effective - 28 Aug 1939   

  547.280.  Errors as to time or place of imprisonment, no ground for reversal. — No judgment shall be reversed or set aside by the appellate court, for the reason that the judgment by virtue of which such person is confined, or from which he has prosecuted an appeal or writ of error, was erroneous as to time or place of imprisonment, but in such case it shall be the duty of the court or officer hearing the case to sentence such person to the proper place of confinement, and for the correct length of time, from and after the date of the original sentence, and to cause the officer or other person having such prisoner in charge to convey him forthwith to such designated place of imprisonment.

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(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.