532.410. When remanded. - Missouri Statutes

When remanded.

532.410. It shall be the duty of the court forthwith toremand the party, if it shall appear that he is detained incustody, either:

(1) By virtue of process issued by any court or judge of theUnited States, in a cause where such court or judge has exclusivejurisdiction; or

(2) By virtue of the final judgment or decree of anycompetent court of civil or criminal jurisdiction, or of anyexecution issued upon such judgment or decree; or

(3) For any contempt, specially and plainly charged in thecommitment, by some court, officer or body, having authority tocommit for a contempt so charged; or

(4) That the time during which such party may be legallydetained has not expired.

(RSMo 1939 § 1621, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1457; 1919 § 1907; 1909 § 2472

Effective 1-2-79

(1972) Where warrant of commitment by which petitioner for writ of habeas corpus was confined for direct criminal contempt of court recited only that the commitment was "in lieu of payment of a fine . . . . heretofore assessed as a punishment for being in contempt of court", it failed to satisfy statutory and decisional requirements that it set forth the particular circumstances of the offense and did not justify petitioner's detention. In re Randolph (A.), 474 S.W.2d 36.