Missouri § 548.101 Rights of accused person — application for writ of habeas corpus.

Missouri Statutes

§ 548.101 — Rights of accused person — application for writ of habeas corpus.

Missouri § 548.101

Title XXXVIICRIMINAL PROCEDURE

Ch. 548Extradition

This text of Missouri § 548.101 (Rights of accused person — application for writ of habeas corpus.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 548.101 (2026).

Text

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus.  When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in w

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No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

Legislative History

(L. 1953 p. 425 § 10) (1962) Writ of prohibition issued to prevent circuit court from exercising further jurisdiction in habeas corpus proceeding wherein petitioner challenged extradition proceedings on ground of unconstitutionality of foreign statute under which he was charged. State ex rel. Anderson v. Weinstein (Mo.), 359 S.W.2d 355.