Section 629.10 Accused Taken before Court

629.10 ACCUSED TAKEN BEFORE COURT.

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless first taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and, if the prisoner or the prisoner's counsel shall state that either desires to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed the prisoner 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 agent of the demanding state.

History:

(10547-20) 1939 c 240 s 10; 1985 c 265 art 10 s 1; 1986 c 444