☰ Revisor of Missouri

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 532

Effective - 28 Aug 1939 bottom

  532.010.  Who may prosecute the writ. — Every person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever, except when, according to the provisions of this chapter, such person can be neither discharged nor bailed, or otherwise relieved, may prosecute a writ of habeas corpus as herein provided, to inquire into the cause of such confinement or restraint.

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(RSMo 1939 § 1590)

Prior revisions: 1929 § 1426; 1919 § 1876; 1909 § 2441

(1977) Held, habeas corpus is a proper remedy to seek relief from cruel and unusual punishment or conditions even though detention itself was legal. McIntosh v. Haynes (Mo.), 545 S.W.2d 647.


---- end of effective   28 Aug 1939 ----

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