§ 532.410 — When remanded.

Missouri § 532.410

• Jurisdiction: Missouri
• Title XXXVI: STATUTORY ACTIONS AND TORTS
• Ch. 532: Habeas Corpus

Text

It shall be the duty of the court forthwith to remand the party, if it shall appear that he is detained in custody, either:

(1)  By virtue of process issued by any court or judge of the United States, in a cause where such court or judge has exclusive jurisdiction; or

(2)  By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction, or of any execution issued upon such judgment or decree; or

(3)  For any contempt, specially and plainly charged in the commitment, by some court, officer or body, having authority to commit for a contempt so charged; or

(4)  That the time during which such party may be legally detained has not expired.

Legislative History

(RSMo 1939 § 1621, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 1457; 1919 § 1907; 1909 § 2472 Effective 1-02-79 (1972) Where warrant of commitment by which petitioner for writ of habeas corpus was confined for direct criminal contempt of court recited only that the commitment was "in lieu of payment of a fine . . . . heretofore assessed as a punishment for being in contempt of court", it failed to satisfy statutory and decisional requirements that it set forth the particular circumstances of the offense and did not justify petitioner's detention. In re Randolph (A.), 474 S.W.2d 36.