2021 New Mexico Statutes
Article 4 - Extradition
Section 31-4-4 - Governor may investigate case.

When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
History: Laws 1937, ch. 65, § 4; 1941 Comp., § 42-1904; 1953 Comp., § 41-19-4.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 96.
Mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415.
Bar of limitations as proper subject of investigation in extradition proceedings, 77 A.L.R. 902.
Determination in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 81 A.L.R. 552, 40 A.L.R.2d 1151.
Motive or ulterior purpose of officials demanding or granting extradition as proper subject of inquiry, 94 A.L.R. 1493.
Sanity or insanity or pendency of lunacy proceedings as matters for consideration in extradition proceedings, 114 A.L.R. 693.
35 C.J.S. Extradition §§ 30 to 33.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 31 - Criminal Procedure

Article 4 - Extradition

Section 31-4-1 - Definitions.

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 31-4-5 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

Section 31-4-6 - Extradition of persons not present in demanding state at time of commission of crime.

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 31-4-28 - No right of asylum; no immunity from other criminal prosecutions while in this state.

Section 31-4-29 - Interpretation.

Section 31-4-30 - Short title.

Section 31-4-31 - Transfer under treaty; governor.