If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
History: Laws 1937, ch. 65, § 7; 1941 Comp., § 42-1907; 1953 Comp., § 41-19-7.
Prisoner is not entitled to bail after governor's extradition warrant has been served. State ex rel. Schiff v. Brennan, 1983-NMSC-042, 99 N.M. 641, 662 P.2d 642.
Enumeration of rights not required. — A warrant issued in accordance with this section is not required to enumerate the rights contained in Section 31-4-10 NMSA 1978. Johnson v. Shuler, 2001-NMSC-009, 130 N.M. 144, 20 P.3d 126.
County cannot recover expenses incurred for jailing fugitive. — Where a fugitive from New Hampshire was detained in the Colfax County jail while awaiting extradition to New Hampshire; the governors of New Mexico and New Hampshire played the exclusive roles in the extradition process such that neither New Hampshire nor its governor made any demand on Colfax County or directed Colfax County to act on their behalf; the extradition warrant issued by the governor of New Mexico granted Colfax County jurisdiction to hold the fugitive and Colfax County acted as the New Mexico governor's agent in the extradition process; and New Hampshire had no contact with Colfax County, Colfax County was barred from demanding payment of state expenses incurred for jailing the fugitive. Colfax Cnty. Bd. of Cnty. Comm'r v. State of N.H., 16 F.3d 1107 (10th Cir. 1994).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 117 to 119.
Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.
35 C.J.S. Extradition §§ 35, 36.
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.