548.101. Rights of accused person--application for writ of habeas corpus. - Missouri Statutes

Rights of accused person--application for writ of habeas corpus.

548.101. No person arrested upon such warrant shall bedelivered over to the agent whom the executive authoritydemanding him shall have appointed to receive him unless he shallfirst be taken forthwith before a judge of a court of record inthis state, who shall inform him of the demand made for hissurrender and of the crime with which he is charged, and that hehas the right to demand and procure legal counsel; and if theprisoner or his counsel shall state that he or they desire totest the legality of his arrest, the judge of such court ofrecord shall fix a reasonable time to be allowed him within whichto apply for a writ of habeas corpus. When such writ is appliedfor, notice thereof, and of the time and place of hearingthereon, shall be given to the prosecuting officer of the countyin which the arrest is made and in which the accused is incustody, and to the said agent of the demanding state.

(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.