532.010. Who may prosecute the writ. - Missouri Statutes

Who may prosecute the writ.

532.010. Every person committed, detained, confined orrestrained of his liberty, within this state, for any criminal orsupposed criminal matter, or under any pretense whatsoever,except when, according to the provisions of this chapter, suchperson can be neither discharged nor bailed, or otherwiserelieved, may prosecute a writ of habeas corpus as hereinprovided, to inquire into the cause of such confinement orrestraint.

(RSMo 1939 § 1590)

Prior revisions: 1929 § 1426; 1919 § 1876; 1909 § 2441

(1977) Held, habeas corpus is a proper remedy to seek relief from cruel and unusual punishment or conditions even though detention itself was legal. McIntosh v. Haynes (Mo.), 545 S.W.2d 647.