Nothing in this act [31-4-1 to 31-4-30 NMSA 1978] contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
History: Laws 1937, ch. 65, § 25b; 1941 Comp., § 42-1923; 1953 Comp., § 41-19-23.
Cross references. — For criminal prosecution pending in this state, see 31-4-19 NMSA 1978.
Prosecution continues upon defendant's return. — Jurisdiction to prosecute on forgery charge was not waived when defendant, prior to trial for the charge, was extradited under this section and subsequently returned to the state. State v. Blankenship, 1968-NMCA-026, 79 N.M. 178, 441 P.2d 218.
Structure 2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-4-2 - Fugitives from justice; duty of governor.
Section 31-4-3 - Form of demand.
Section 31-4-4 - Governor may investigate case.
Section 31-4-7 - Issue of governor's warrant of arrest; its recitals.
Section 31-4-8 - Manner and place of execution.
Section 31-4-9 - Authority of arresting officer.
Section 31-4-10 - Rights of accused person; application for writ of habeas corpus.
Section 31-4-11 - Penalty for noncompliance with preceding section.
Section 31-4-12 - Confinement in jail when necessary.
Section 31-4-13 - Arrest prior to requisition.
Section 31-4-14 - Arrest without a warrant.
Section 31-4-15 - Commitment to await requisition; bail.
Section 31-4-16 - Bail; in what cases; conditions of bond.
Section 31-4-17 - Extension of time of commitment, adjournment.
Section 31-4-18 - Forfeiture of bail.
Section 31-4-19 - Persons under criminal prosecution in this state at time of requisition.
Section 31-4-20 - Guilt or innocence of accused, when inquired into.
Section 31-4-21 - Governor may recall warrant or issue alias.
Section 31-4-22 - Written waiver of extradition proceedings.
Section 31-4-23 - Nonwaiver by this state.
Section 31-4-24 - Fugitives from this state; duty of governors.
Section 31-4-25 - Application for issuance of requisition; by whom made; contents.
Section 31-4-26 - Costs and expenses.
Section 31-4-27 - Immunity from service of process in certain civil actions.
Section 31-4-29 - Interpretation.