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Title XXXVII CRIMINAL PROCEDURE

Chapter 548

previous next Effective - 28 Aug 1953bottom

  548.031.  Form of demand. — No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 548.061, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit made before an associate circuit judge there, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole.  The indictment, information or affidavit made before the associate circuit judge must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.

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(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.).


---- end of effective   28 Aug 1953 ----

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