548.231. Application for issuance of requisition--by whom made--contents. - Missouri Statutes

Application for issuance of requisition--by whom made--contents.

548.231. 1. When the return to this state of a personcharged with crime in this state is required, the prosecutingattorney shall present to the governor his written applicationfor a requisition for the return of the person charged, in whichapplication shall be stated the name of the person so charged,the crime charged against him, the approximate time, place andcircumstances of its commission, the state in which he isbelieved to be, including the location of the accused therein, atthe time the application is made and certifying that, in theopinion of the said prosecuting attorney the ends of justicerequire the arrest and return of the accused to this state fortrial and that the proceeding is not instituted to enforce aprivate claim.

2. When the return to this state is required of a person whohas been convicted of a crime in this state and has escaped fromconfinement or broken the terms of his bail, probation or parole,the prosecuting attorney of the county in which the offense wascommitted, the parole board, or the warden of the institution orsheriff of the county, from which escape was made, shall presentto the governor a written application for a requisition for thereturn of such person, in which application shall be stated thename of the person, the crime of which he was convicted, thecircumstances of his escape from confinement or of the breach ofthe terms of his bail, probation or parole, the state in which heis believed to be, including the location of the person thereinat the time application is made.

3. The application shall be verified by affidavit, shall beexecuted in duplicate and shall be accompanied by two certifiedcopies of the indictment returned, or information and affidavitfiled, or of the complaint made to the judge or associate circuitjudge, stating the offense with which the accused is charged, orof the judgment of conviction or of the sentence. Theprosecuting officer, parole board, warden or sheriff may alsoattach such further affidavits and other documents in duplicateas he shall deem proper to be submitted with such application.One copy of the application, with the action of the governorindicated by endorsement thereon, and one of the certified copiesof the indictment, complaint, information and affidavits, or ofthe judgment of conviction or of the sentence shall be filed inthe office of the secretary of state, to remain of record in thatoffice. The other copies of all papers shall be forwarded withthe governor's requisition.

(L. 1953 p. 425 § 23)