TITLE 46. CRIMINAL PROCEDURE

CHAPTER 20. APPEALS

Part 2. Initiation of Appeal

Stay Of Execution And Relief Pending Appeal

46-20-204. Stay of execution and relief pending appeal. (1) If an appeal is taken, a sentence of death must be stayed by order of the trial court until final order by the supreme court.

(2) If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment must be stayed by the trial court.

(3) If an appeal is taken, a sentence to pay a fine or a fine and costs must be stayed by the trial court or by the reviewing court.

(4) If an appeal is taken and the accused was admitted to probation, the accused shall remain on probation or post bail.

History: En. 95-2406 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2406; amd. Sec. 1763, Ch. 56, L. 2009.