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