532.430. Prisoner held under judicial proceedings discharged, when. - Missouri Statutes

Prisoner held under judicial proceedings discharged, when.

532.430. If it appear that the prisoner is in custody byvirtue of process from any court legally constituted, or issuedby any officer in the service of judicial proceedings before him,such prisoner can only be discharged in one of the followingcases:

(1) Where the jurisdiction of such court or officer has beenexceeded, either as to matter, place, sum or person;

(2) Where, though the original imprisonment was lawful, yet,by some act, omission or event, which has taken place afterward,the party has become entitled to be discharged;

(3) Where the process is defective in some matter ofsubstance required by law, rendering such process void;

(4) Where the process, though in proper form, has beenissued in a case or under circumstances not allowed by law;

(5) Where the process, though in proper form, has beenissued or executed by a person who is not authorized by law toissue or execute the same, or where the person having the custodyof such prisoner under such process is not the person empoweredby law to detain him;

(6) Where the process is not authorized by any judgment,order or decree, nor by any provision of law.

(RSMo 1939 § 1623)

Prior revisions: 1929 § 1459; 1919 § 1909; 1909 § 2474