reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.230 - State may sue out writ of error.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1983
547.230. State may sue out writ of error. —
The prosecuting attorney may apply for and prosecute a writ of error in the supreme court, in like manner and with like effect as such writ may be prosecuted by the defendant; but in such case the defendant shall not be required to enter into any recognizance to answer further to such offense, but if the judgment of the circuit court shall be reversed, the defendant may be arrested on warrant and brought before the circuit court for judgment, or such other proceedings as the case may require.
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(RSMo 1939 § 4145, A.L. 1983 H.B. 279)
Prior revisions: 1929 § 3755; 1919 § 4101; 1909 § 5307
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.240 - Recognizances, where certified.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.240. Recognizances, where certified. —
The recognizance authorized by this chapter, if taken by the court or judge before whom the cause was tried, shall be filed with the clerk, and a transcript thereof transmitted with the record, to the supreme court, if taken by the supreme court, or any judge thereof, the clerk of the supreme court shall certify a transcript of the same to the court in which the cause was tried, and such court shall proceed thereon as on a recognizance taken in that court.
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(RSMo 1939 § 4148)
Prior revisions: 1929 § 3758; 1919 § 4104; 1909 § 5310
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.250 - Forfeiture, where certified.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.250. Forfeiture, where certified. —
If the forfeiture of the recognizance is taken in the supreme court, the same shall be certified back to the court in which the judgment was rendered; and the supreme court, in such case, and in case the defendant breaks jail, shall proceed to determine the cause, and issue a capias if necessary.
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(RSMo 1939 § 4149)
Prior revisions: 1929 § 3759; 1919 § 4105; 1909 § 5311
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.260 - Attorney general and chief administrative officer to be notified of appeal, how, by whom.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1990
547.260. Attorney general and chief administrative officer to be notified of appeal, how, by whom. —
If any person shall appeal to the supreme court from a conviction and sentence for a felony in any court in this state having the jurisdiction to try and determine felonies, the clerk thereof shall immediately notify the attorney general of the state of Missouri in writing by mail, giving the name of the appellant, the nature of the crime, the substance of the judgment and sentence, and the date of the order granting the appeal. In those cases wherein the appellant shall have been sentenced to suffer death, the clerk of the court in which the conviction was had shall also immediately give like notice to the chief administrative officer of the correctional facility of the department of corrections by registered mail, unless time requires a more expedient notice. In all cases where a person shall have been sentenced to suffer death in this state and shall file a petition for a writ of error in the supreme court, the clerk of the supreme court shall immediately give like notice to the chief administrative officer of the correctional facility of the department of corrections, of the issuance of the writ, the name of the plaintiff in error and the other facts above specified. The notice shall be conveyed in person by the marshal of the supreme court to the chief administrative officer.
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(L. 1941 p. 343 § 1, A.L. 1990 H.B. 974)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.270 - No assignment, or joinder in error, necessary.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.270. No assignment, or joinder in error, necessary. —
No assignment of error, or joinder in error, shall be necessary upon any appeal or writ of error, in a criminal case, issued or taken pursuant to the foregoing provisions of this chapter, but the court shall proceed upon the return thereof without delay, and render judgment upon the record before them.
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(RSMo 1939 § 4150)
Prior revisions: 1929 § 3760; 1919 § 4106; 1909 § 5312
(1964) Since defendant did not file a motion for new trial alleged errors presented in defendant's brief relative to improper cross examination of defense witness and admission of certain evidence were not preserved for review. State v. Kennebrew (Mo.), 380 S.W.2d 293.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.280 - Errors as to time or place of imprisonment, no ground for reversal.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.280. Errors as to time or place of imprisonment, no ground for reversal. —
No judgment shall be reversed or set aside by the appellate court, for the reason that the judgment by virtue of which such person is confined, or from which he has prosecuted an appeal or writ of error, was erroneous as to time or place of imprisonment, but in such case it shall be the duty of the court or officer hearing the case to sentence such person to the proper place of confinement, and for the correct length of time, from and after the date of the original sentence, and to cause the officer or other person having such prisoner in charge to convey him forthwith to such designated place of imprisonment.
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(RSMo 1939 § 4155)
Prior revisions: 1929 § 3765; 1919 § 4111; 1909 § 5316
(1951) Where fine is less than maximum required by statute it is error in favor of defendant of which he cannot complain on appeal. State v. Keith (Mo.), 241 S.W.2d 901.
(1954) Where no brief was filed and transcript contained nothing beyond record proper (prior to adoption of Rule 28.08) court on appeal could only render judgment on record. State v. Smith (A.), 268 S.W.2d 48.
(1973) Where defendant was charged with assault with intent to maim without malice but was convicted of assault with intent to maim with malice, the court was without jurisdiction to impose sentence and the judgment was absolutely void, not erroneous as to time, and defendant could not be resentenced. State v. Barnes (Mo.), 492 S.W.2d 729.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.290 - Supreme court shall direct execution of sentence, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.290. Supreme court shall direct execution of sentence, when. —
When the appeal is taken, or the writ of error is sued out by the party indicted, if the supreme court affirm the judgment of the court below it shall direct the sentence pronounced to be executed, and the same shall be executed accordingly; if the judgment be reversed, the supreme court shall direct a new trial, or that defendant be absolutely discharged, according to the circumstances of the case.
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(RSMo 1939 § 4153)
Prior revisions: 1929 § 3763; 1919 § 4109; 1909 § 5314
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.300 - Effect of affirmance or reversal.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.300. Effect of affirmance or reversal. —
Where the appeal has been taken or writ of error sued out by the state, if the judgment of the court be affirmed, the party shall be discharged; if reversed, the supreme court shall direct the court below to enter up judgment upon the verdict rendered, or, where no verdict has been rendered, to proceed to trial on the indictment or information.
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(RSMo 1939 § 4154)
Prior revisions: 1929 § 3764; 1919 § 4110; 1909 § 5315
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.310 - Defendant ordered arrested, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.310. Defendant ordered arrested, when. —
If the defendant shall have been recognized as herein provided, and shall fail to appear and receive judgment on such appeal or writ of error, or at any new trial that may have been ordered, the supreme court or the court below in which the judgment was rendered, or any judge of either court, shall cause such defendant to be arrested, upon process to be issued for that purpose.
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(RSMo 1939 § 4156)
Prior revisions: 1929 § 3766; 1919 § 4112; 1909 § 5317
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.320 - Cause remanded, procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1939
547.320. Cause remanded, procedure. —
The court to which any criminal cause shall be remanded for a new trial shall proceed therein in the same manner as if such cause had not been removed into the supreme court.
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(RSMo 1939 § 4157)
Prior revisions: 1929 § 3767; 1919 § 4113; 1909 § 5318
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.330 - Affirmation of conviction or dismissal of appeal, execution of sentence, arrest of convict, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
• Effective - 28 Aug 1982
547.330. Affirmation of conviction or dismissal of appeal, execution of sentence, arrest of convict, when. —
In all cases where the conviction of a defendant is affirmed on appeal or the appeal is dismissed or withdrawn and the defendant is to be imprisoned in any jail or by the department of corrections, the court affirming or dismissing the appeal or in which the appeal is withdrawn shall direct the sentence pronounced to be executed, and for this purpose the court shall order the marshal of the court to arrest the convict, and deliver him to the proper official. In its discretion the court may order the marshal to arrest the convict prior to the date the opinion of the court affirming the judgment in the cause is made public.
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(RSMo 1939 § 4139, A.L. 1982 S.B. 497)
Prior revisions: 1929 § 3749; 1919 § 4095; 1909 § 5301
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.340 - Duty of marshal under execution of sentence order — warrant for arrest, issuance, authority under.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1982
547.340. Duty of marshal under execution of sentence order — warrant for arrest, issuance, authority under. —
1. Where the supreme court shall make an order, as directed in section 547.330, a certified copy of the order shall be given to the marshal of the court, who may without delay issue a warrant for the arrest and transportation of the convict and who shall without delay, either in person, by such deputy marshals as the court may direct, or by any peace officer, as defined in section 542.261, arrest such convict wherever he may be found in this state, transport and deliver him to the proper officer.
2. Upon the request of any district of the court of appeals and with the consent of the supreme court, the marshal of the supreme court shall issue a warrant for the arrest and transportation of a convict where the judgment the convict appealed from has been affirmed or the appeal has been dismissed by that district of the court of appeals or the appeal filed has been withdrawn.
3. A warrant for arrest and transportation may be directed to any peace officer, as defined in section 542.261, and shall authorize that officer to arrest and transport the convict as directed by the marshal.
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(RSMo 1939 § 4140, A.L. 1982 S.B. 497)
Prior revisions: 1929 § 3750; 1919 § 4096; 1909 § 5302
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.350 - Power of marshal in executing order.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
Effective - 28 Aug 1982
547.350. Power of marshal in executing order. —
1. The marshal and his deputies, if any, while performing their official duties shall have the same power and like authority in every county of this state, in all respects, as are granted by law to sheriffs.
2. Any person executing a warrant for arrest and transportation issued by the marshal shall have the same power and like authority in all respects when executing the warrant as are granted to sheriffs.
3. The provisions of subsection 1 of this section shall only be applicable to a marshal of the supreme court certified as a peace officer as provided in sections 590.100 to 590.150.
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(RSMo 1939 § 4141, A.L. 1982 S.B. 497)
Prior revisions: 1929 § 3751; 1919 § 4097; 1909 § 5303
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 547 - Appeals, New Trials and Exceptions › Section 547.370 - Post conviction relief, death penalty.

Title XXXVII CRIMINAL PROCEDURE
Chapter 547
• Effective - 28 Aug 1997
547.370. Post conviction relief, death penalty. —
1. When a motion is filed as provided in section 547.360 to set aside a sentence of death, the court shall find on the record whether the movant is indigent. If the movant is indigent, the court shall cause to be appointed two counsel to represent the movant. If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing, if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected the offer with the understanding of its legal consequences. Unless the movant is so competent and understands the legal consequences, movant shall not be permitted to reject the appointment of counsel.
2. All counsel appointed as provided in this section shall be members of The Missouri Bar or shall be admitted to practice in the particular case as provided in Missouri supreme court rule 9. At least one of the counsel shall meet the following qualifications:
(1) Have attended and successfully completed within two years immediately preceding the appointment at least twelve hours of training or educational programs on the postconviction phase of a criminal case and federal and state aspects of cases in which the death penalty is sought; and
(2) Have at least three years litigation experience in the field of criminal law; and
(3) Have participated as counsel or co-counsel to final judgment in at least five postconviction motions involving class A felonies in either state or federal trial courts; and
(4) Have participated in either state or federal court as counsel or co-counsel to final judgment in at least:
(a) Three felony jury trials; or
(b) Five direct criminal appeals in felony cases.
­­Counsel shall certify to the state public defender in such form as the defender may require that counsel meets the qualifications of this section prior to filing counsel's entry of appearance in the case.
3. Counsel appointed to represent the movant shall not have represented the movant at trial or on the direct appeal therefrom.
4. As to any counsel appointed as provided in this section, the state public defender shall provide counsel with reasonable compensation and shall provide reasonable and necessary litigation expenses.
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(L. 1997 S.B. 56 §§ 13 and 15)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.011 - Definitions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 02 Jan 1979, see footnote
548.011. Definitions. —
Where appearing in this chapter:
(1) The term
"executive authority"
includes the governor, and any person performing the functions of governor in a state other than this state;
(2) The term
"governor"
includes any person performing the functions of governor by authority of the law of this state;
(3) The terms
"judge"
,
"magistrate"
, and
"judge of any court of record"
include a judge of the supreme court or of the court of appeals, a circuit judge, and an associate circuit judge, but do not include a municipal judge;
(4) The term
"state"
, referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
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(L. 1953 p. 425 § 1, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.021 - Fugitives from justice, duty of governor.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.021. Fugitives from justice, duty of governor. —
Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this state.
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(L. 1953 p. 425 § 2)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.031 - Form of demand.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• 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.).
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.041 - Governor may require investigation.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.041. Governor may require investigation. —
When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
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(L. 1953 p. 425 § 4)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.051 - Extradition of persons imprisoned or charged in another state or who have left demanding state under compulsion.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.051. Extradition of persons imprisoned or charged in another state or who have left demanding state under compulsion. —
1. When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
2. The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 548.231 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
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(L. 1953 p. 425 § 5)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.061 - Extradition of persons not present in demanding state at time of commission of crime.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.061. Extradition of persons not present in demanding state at time of commission of crime. —
The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 548.031 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
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(L. 1953 p. 425 § 6)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.071 - Issue of governor's warrant of arrest — its recitals.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.071. Issue of governor's warrant of arrest — its recitals. —
If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
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(L. 1953 p. 425 § 7)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.081 - Manner and place of execution.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.081. Manner and place of execution. —
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.
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(L. 1953 p. 425 § 8)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.091 - Authority of arresting officer.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.091. Authority of arresting officer. —
Every such officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
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(L. 1953 p. 425 § 9)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.101 - Rights of accused person — application for writ of habeas corpus.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.101. Rights of accused person — application for writ of habeas corpus. —
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.
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(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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.111 - Penalty for noncompliance with section 548.101.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.111. Penalty for noncompliance with section 548.101. —
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant, in willful disobedience to section 548.101, shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.
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(L. 1953 p. 425 § 11)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.121 - Confinement in jail when necessary.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.121. Confinement in jail when necessary. —
1. The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
2. The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
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(L. 1953 p. 425 § 12)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.131 - Arrest prior to requisition.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 02 Jan 1979, see footnote
548.131. Arrest prior to requisition. —
Whenever any person within this state shall be charged on the oath of any credible person before any judge or associate circuit judge of this state with the commission of any crime in any other state and, except in cases arising under section 548.061, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or associate circuit judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under section 548.061, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, and is believed to be in this state, the judge or associate circuit judge shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, associate circuit judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant, provided that when a complaint shall be made against any person under the terms of this chapter, the judge or associate circuit judge shall take from the prosecutor a bond, to the clerk of the court, with sufficient security, to secure the payment of the costs and expenses which may accrue by occasion of the arrest and detention of the party charged, which bond shall be certified and returned, with the examination, to the office of the circuit clerk and when any such recognizance shall be forfeited, it shall inure to the benefit of the state.
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(L. 1953 p. 425 § 13, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.141 - Arrest without a warrant.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.141. Arrest without a warrant. —
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or associate circuit judge with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 548.131; and thereafter his answer shall be heard as if he had been arrested on a warrant.
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(L. 1953 p. 425 § 14)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.151 - Commitment to await requisition — bail.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.151. Commitment to await requisition — bail. —
If from the examination before the judge or associate circuit judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 548.061, that he has fled from justice, the judge or associate circuit judge must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in section 548.161 or until he shall be legally discharged.
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(L. 1953 p. 425 § 15)
(1954) Where court committed accused for fifteen days under § 548.151 and then recommitted him for another fifteen days under § 548.171, its power was spent and no further commitment could be made. Christopher v. Tozer (A.), 263 S.W.2d 864.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.161 - Bail — in what cases — conditions of bond.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.161. Bail — in what cases — conditions of bond. —
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or associate circuit judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.
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(L. 1953 p. 425 § 16)
CROSS REFERENCE:
Recognizances taken in court record, others in writing, 544.050
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.171 - Extension of time of commitment — adjournment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.171. Extension of time of commitment — adjournment. —
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or associate circuit judge may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or associate circuit judge may again take bail for his appearance and surrender, as provided in section 548.161, but within a period not to exceed sixty days after the date of such new bond.
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(L. 1953 p. 425 § 17)
(1954) Where court committed accused for fifteen days under § 548.151 and then recommitted him for another fifteen days under § 548.171, its power was spent and no further commitment could be made. Christopher v. Tozer (A.), 263 S.W.2d 864.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.181 - Forfeiture of bail.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.181. Forfeiture of bail. —
If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or associate circuit judge by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within the state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
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(L. 1953 p. 425 § 18)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.191 - Persons under criminal prosecution in this state at time of requisition.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.191. Persons under criminal prosecution in this state at time of requisition. —
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
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(L. 1953 p. 425 § 19)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.201 - Guilt or innocence of accused when inquired into.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
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.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.211 - Governor may recall warrant or issue alias.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.211. Governor may recall warrant or issue alias. —
The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
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(L. 1953 p. 425 § 21)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.221 - Fugitives from this state — duty of governor.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.221. Fugitives from this state — duty of governor. —
Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
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(L. 1953 p. 425 § 22)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.231 - Application for issuance of requisition — by whom made — contents.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 28 Aug 1953
548.231. Application for issuance of requisition — by whom made — contents. —
1. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein, at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
3. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or associate circuit judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state, to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
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(L. 1953 p. 425 § 23)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.241 - Costs and expenses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 01 Jul 1994, see footnote
548.241. Costs and expenses. —
1. All necessary and proper expenses accruing under section 548.221, upon being ascertained to the satisfaction of the governor, shall be allowed on his certificate and paid out of the state treasury as other demands against the state.
2. All necessary and proper expenses accruing as a result of a person being returned to this state pursuant to the provisions of section 548.243 or 217.810 shall be allowed and paid out of the state treasury as if the person were being returned to this state pursuant to section 548.221.
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(L. 1953 p. 425 § 24, A.L. 1957 p. 378, A.L. 1971 S.B. 163, A.L. 1983 H.B. 713 Revision, A.L. 1984 S.B. 611, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508)
Effective 7-01-94
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.243 - Waiver of extradition — costs, how paid — return of person, by whom.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
• Effective - 01 Jul 1994, see footnote
548.243. Waiver of extradition — costs, how paid — return of person, by whom. —
In any criminal proceeding wherein a court in this state has issued a warrant for the arrest of a person and that person was arrested in any other state, territory, or possession of the United States and that person waives extradition and consents to return to this state, the sheriff of the county where the warrant was issued may contract with an agent for the return of such person to this state, or the sheriff or his deputy may return such person to this state. All necessary expenses which would be paid by the state if there had been extradition, incurred by the sheriff, his deputy or an authorized agent in returning the person shall be paid to the sheriff by the state regardless of the ultimate disposition of the criminal proceedings. Such costs after such payment shall be taxed against the person and recovered by the entity paying the same, unless the person is acquitted of the criminal offense charged.
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(L. 1969 H.B. 52 § 1, A.L. 1978 S.B. 792, A.L. 1983 H.B. 713 Revision, A.L. 1985 H.B. 698, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508)
Effective 7-01-94
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.251 - Immunity from service of process in certain civil actions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.251. Immunity from service of process in certain civil actions. —
A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
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(L. 1953 p. 425 § 25)
(1954) Where husband was extradited into this state on criminal charge of nonsupport of wife and child, process served upon him in divorce action pending prosecution on the criminal charge was void and conferred no jurisdiction of the action. State ex rel. Stipec v. Owen (A.), 271 S.W.2d 864.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 548 - Extradition › Section 548.260 - Written waiver of extradition proceedings.

Title XXXVII CRIMINAL PROCEDURE
Chapter 548
Effective - 28 Aug 1953
548.260. Written waiver of extradition proceedings. —
1. Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 548.071 and 548.081 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance or service of a warrant of extradition and to obtain a writ of habeas corpus as provided in section 548.101.
2. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
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(L. 1953 p. 425 § 26)