Effective - 28 Aug 1953
548.201. Guilt or innocence of accused when inquired into. — The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in section 548.191 shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
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(L. 1953 p. 425 § 20)
(1953) Question of mistaken identity, while a defense to charge of crime, may not be considered on habeas corpus where person in custody is admittedly person charged therewith. Hayes v. O'Connell (A.), 263 S.W.2d 66.
(1974) Held that failure to have an affidavit made before a magistrate was not grounds for refusal to extradite. Held also that extradition should have been denied because of failure of affidavit to substantially charge him with commission of a crime. Application of Evans (A.), 512 S.W.2d 238.
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
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 548.071 - 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.