US Laws, Codes, Statutes & Cases

547.170. In all cases where an appeal or writ of error is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death or imprisonment in the penitentiary for life, or a sentence of imprisonment for a violation of sections 195.222, RSMo, 565.021, RSMo, 565.050, RSMo, subsections 1 and 2 of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, 566.100, RSMo, any court or officer authorized to order a stay of proceedings under the preceding provisions may allow a writ of habeas corpus, to bring up the defendant, and may thereupon let him to bail upon a recognizance, with sufficient sureties, to be approved by such court or judge.

(RSMo 1939 § 4136, A.L. 1993 S.B. 180, A.L. 2002 S.B. 758 merged with S.B. 969, et al.)

Prior revisions: 1929 § 3746; 1919 § 4092; 1909 § 5298

CROSS REFERENCE:

No bail, certain defendants, certain offenses, RSMo 544.671

(1975) Unwillingness of private bondsman to underwrite petitioner's release is no basis for a writ of habeas corpus. Application of Holt (A.), 518 S.W.2d 451.