548.031. Form of demand. - Missouri Statutes

Form of demand.

548.031. No demand for the extradition of a person chargedwith crime in another state shall be recognized by the governorunless in writing alleging, except in cases arising under section548.061, that the accused was present in the demanding state atthe time of the commission of the alleged crime, and thatthereafter he fled from the state, and accompanied by a copy ofan indictment found or by information supported by affidavit madebefore an associate circuit judge there, together with a copy ofany warrant which was issued thereupon, or by a copy of ajudgment of conviction or of a sentence imposed in executionthereof, together with a statement by the executive authority ofthe demanding state that the person claimed has escaped fromconfinement or has broken the terms of his bail, probation orparole. The indictment, information or affidavit made before theassociate circuit judge must substantially charge the persondemanded with having committed a crime under the law of thatstate; and the copy of indictment, information, affidavit,judgment of conviction or sentence must be authenticated by theexecutive authority making the demand.

(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.).