Missouri Revised Statutes
Chapter 548 - Extradition
Section 548.031 - Form of demand.

Effective - 28 Aug 1953
548.031. Form of demand. — No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 548.061, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit made before an associate circuit judge there, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the associate circuit judge must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
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(L. 1953 p. 425 § 3)
(1953) Where requisition was accompanied by affidavit as required by 18 U.S.C.A. § 3182, it was sufficient even though not accompanied by indictment or information. Hayes v. O'Connell (A.), 263 S.W.2d 66.
(1954) Failure of foreign state's demand to allege that accused was in the foreign state at time alleged crime was committed or that he fled therefrom held not to invalidate rendition warrant in view of federal constitution and statutes. 18 U.S.C.A. § 3182. Ex parte Arrington (Mo.), 270 S.W.2d 39.
(1957) Before governor may honor requisition of another state, these facts must appear; (1) that the person sought is demanded as a fugitive from justice; (2) that the demanding governor has produced a copy of an indictment charging person sought with a crime; and (3) that such copy has been certified as authentic. Hagel v. Hendrix (A.), 302 S.W.2d 323.
(1994) Governor's role in evaluating extradition requests and issuing arrest warrants is judicial in nature and duties of extradition officer for governor are quasi-judicial in nature, therefore, both governor and extradition officer are entitled to absolute immunity from suit. White v. Armontrout, 29 F.3d 357 (8th Cir.).

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVII - Criminal Procedure

Chapter 548 - Extradition

Section 548.011 - Definitions.

Section 548.021 - Fugitives from justice, duty of governor.

Section 548.031 - Form of demand.

Section 548.041 - Governor may require investigation.

Section 548.051 - Extradition of persons imprisoned or charged in another state or who have left demanding state under compulsion.

Section 548.061 - Extradition of persons not present in demanding state at time of commission of crime.

Section 548.071 - Issue of governor's warrant of arrest — its recitals.

Section 548.081 - Manner and place of execution.

Section 548.091 - Authority of arresting officer.

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

Section 548.111 - Penalty for noncompliance with section 548.101.

Section 548.121 - Confinement in jail when necessary.

Section 548.131 - Arrest prior to requisition.

Section 548.141 - Arrest without a warrant.

Section 548.151 - Commitment to await requisition — bail.

Section 548.161 - Bail — in what cases — conditions of bond.

Section 548.171 - Extension of time of commitment — adjournment.

Section 548.181 - Forfeiture of bail.

Section 548.191 - Persons under criminal prosecution in this state at time of requisition.

Section 548.201 - Guilt or innocence of accused when inquired into.

Section 548.211 - Governor may recall warrant or issue alias.

Section 548.221 - Fugitives from this state — duty of governor.

Section 548.231 - Application for issuance of requisition — by whom made — contents.

Section 548.241 - Costs and expenses.

Section 548.243 - Waiver of extradition — costs, how paid — return of person, by whom.

Section 548.251 - Immunity from service of process in certain civil actions.

Section 548.260 - Written waiver of extradition proceedings.

Section 548.270 - Nonwaiver by this state.

Section 548.280 - No right of asylum — no immunity from other criminal prosecution while in this state.

Section 548.290 - Interpretation.

Section 548.300 - Short title.