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Title XXXVII CRIMINAL PROCEDURE

Chapter 548

previous next Effective - 28 Aug 1953bottom

  548.201.  Guilt or innocence of accused when inquired into. — The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in section 548.191 shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.

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(L. 1953 p. 425 § 20)

(1953) Question of mistaken identity, while a defense to charge of crime, may not be considered on habeas corpus where person in custody is admittedly person charged therewith.  Hayes v. O'Connell (A.), 263 S.W.2d 66.

(1974) Held that failure to have an affidavit made before a magistrate was not grounds for refusal to extradite. Held also that extradition should have been denied because of failure of affidavit to substantially charge him with commission of a crime. Application of Evans (A.), 512 S.W.2d 238.


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

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