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Title XXXVII CRIMINAL PROCEDURE

Chapter 547

previous next Effective - 28 Aug 1939bottom

  547.110.  Transcript on appeal prepared by clerk, when. — When any appeal shall be taken or writ of error issued, which shall operate as a stay of proceedings, it shall be the duty of the clerk of the court in which the proceedings were had to make out a full transcript of the record in the cause including the bill of exceptions, judgment and sentence, and certify and transmit same to the office of the clerk of the proper appellate court without delay; provided, however, that any abbreviated or partial transcript of the evidence and oral proceedings, in narrative form or otherwise which the defendant or his attorney for the state may agree upon in writing as sufficiently presenting to the appellate court the issues involved on such appeal, shall be deemed and taken as sufficient on such appeal and shall by the clerk be incorporated in the transcript of the record certified and transmitted by him to the appellate court, instead of the bill of exceptions mentioned above.

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(RSMo 1939 § 4146)

Prior revisions: 1929 § 3756; 1919 § 4102; 1909 § 5308

CROSS REFERENCES:

Amendment of record by trial court while cause pending on appeal, 546.090

Exceptions and transcripts, generally, 546.370

(1952) Appellant is required to furnish full transcript including judgment and sentence, but where record is certified to be a true and complete transcript by the clerk, appellant has performed his duty, and appeal will not be dismissed. State v. Skaggs (Mo.), 248 S.W.2d 635.


---- end of effective   28 Aug 1939 ----

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