Sec. 5269. Duty of court in capital cases. Whenever any convict shall be sentenced to the punishment of death, the court shall cause to be made out, sealed and delivered to the sheriff of the county, a warrant stating such conviction and sentence, and appointing a day on which such sentence shall be executed, which shall be not less than four nor more than eight weeks from the time of the sentence. Sec. 5270. When habeas corpus may issue. Whenever, for any reason, any convict sentenced to the punishment of death shall not have been executed pursuant to such sentence, and the cause shall stand in full force, the supreme court, or the court of the county in which the conviction was had, on the application of the prosecuting attorney, shall issue a writ of habeas corpus to bring such convict before the court; or if he be at large, a warrant for his apprehension may be issued by such court, or any judge thereof. Sec. 5271. Proceedings on return of writ.-Upon such convict being brought before the court, they shall proceed to inquire into the facts, and if no legal reasons exist against the execution of sentence, such court shall issue a warrant to the sheriff of the proper county, commanding him to do execution of such sentence at such time as shall be appointed therein, which shall be obeyed by the sheriff accordingly. Sec. 5272. Sentence of death, how executed. The punishment of death shall in all cases be inflicted by hanging the convict by the neck until he be dead. Sec. 5273. Sentence, where executed. The sentence of death shall be executed within the walls of the jail at the county seat of the county wherein the conviction was had, when such jail is so constructed that the execution can conveniently take place therein, but if the jail is not so constructed, then such sentence shall be executed in an enclosure surrounded by a wall, palisade or fence higher than the gallows and sufficiently close to exclude the view of persons on the outside; and said inclosure shall be adjoining or as near to the jail as possible. Sec. 5274. At execution, who present. At the execution there may be present, besides the officers of the court wherein the conviction was had, such other officers and such guards and assistants as the officer executing the sentence may see proper to admit. He shall request the presence of the prosecuting attorney of the county, the clerk of the court and twelve reputable citizens of the county, to be selected by him, two of whom shall be physicians or surgeons, and he shall also permit the presence of the counsel of the convict, and such minister of the gospel as the convict may desire, and such of the convict's relations as the officer may deem prudent; but no person under twenty-one years of age, not related to the convict, shall be allowed to witness the execution. Sec. 5275. Warrant of execution, how returned. The officer executing a sentence of death shall make return on the warrant of the execution thereof, which shall be further certified to by at least two of the persons present thereat, and be by said officer returned to the clerk of the court from which said warrant was issued, and be by him filed among the records and proceedings in said case as a part thereof. Approved July 8, 1919. State of Missouri, ss. I, John L. Sullivan, Secretary of State of the State of Missouri, hereby certify that I have carefully collated the laws passed by the extra session of the Fiftieth General Assembly of the State of Missouri, held at the City of Jefferson, on the 2nd day of July, A. D. 1919, and compared them with the original rolls of said laws on file in this office, and have corrected the same thereby. In testimony whereof, I have hereunto set my hand and affixed the great seal of the State of Missouri. Done at office, in the City of Jefferson, this 9th day of July, A. D. nineteen hundred and nineteen. [L. S.] JOHN L. SULLIVAN, |