Section 15.17 To Determine Validity of Arrest
| Library | App Ct Prac 2015 Supp |
2. (§15.17) To Determine Validity of Arrest
Habeas corpus may be used to determine the validity of an arrest or detention when no criminal charge has been filed against the person restrained. Rice v. Gray, 34 S.W.2d 567, 571 (Mo. App. W.D. 1930). A person arrested and held under a warrant for a criminal offense may question the legality of the detention through the issuance of a writ of habeas corpus. Here the question to be determined is the sufficiency of the process on its face and the jurisdiction of...
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