Missouri Revised Statutes

Mo. Rev. Stat. § 548.101 (2026)

Rights of accused person

✓ current as of May 2026

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548.101. Rights of accused person — application for writ of habeas corpus. — No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

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(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.

Notes of Decisions

Cited in 5 cases, 1962–2001 · leading case: McQueen v. Wyrick, 543 S.W.2d 778 (Mo. 1976).

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McQueen v. Wyrick, 543 S.W.2d 778 (Mo. 1976). · cites it 3× “Section 548.101, RSMo 1969, reads as follows: “No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in…”

State ex rel. Danforth v. Bondurant, 566 S.W.2d 478 (Mo. 1978). · cites it 2× “*480 Following a hearing and the Governor’s issuance of a rendition warrant, Marin was advised of his right “to apply for a writ of habeas corpus” as provided in § 548.101, RSMo 1969. Upon his election to do so, the proceeding now being reviewed followed.”

In re Evans, 512 S.W.2d 238 (Mo. Ct. App. 1974). · cites it 2× “Our writ issued pursuant to § 548.101, RSMo 1969, V.A.M.S., and we conducted a hearing on the issues joined.”

State ex rel. Anderson v. Weinstein, 359 S.W.2d 355 (Mo. Ct. App. 1962). · cites it 4× “In the light of Section 548.101 of the Uniform Criminal Extradition Act, which requires that an accused arrested upon a warrant of extradition be given an opportunity to apply for a writ of habeas corpus to test the legality of his arrest, such a contention would obviously be…”

State ex rel. Reed v. Frawley, 59 S.W.3d 496 (Mo. 2001). · cites it 10× “Because section 548.101, RSMo 2000, controls this issue, it is unnecessary to reach any further issues.”

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