No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under section 54-162, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
(1957, P.A. 362, S. 3.)
As long as copy of judgment recited plaintiff's conviction and sentence as second offender, copy of information upon which he was presented as second offender not essential to validity of extradition request. 149 C. 73. Cited. 157 C. 407; 161 C. 329; 186 C. 404; 188 C. 364; 190 C. 631; 193 C. 270; 194 C. 702. Provisions of Sec. 1-36 not applicable to extradition documentation. 195 C. 465. Cited. 196 C. 557; 201 C. 162.
Recognition of extradition requests under federal law and this statute discussed. 3 CA 512. Cited. 26 CA 254; 33 CA 41; 36 CA 678.
Affiant's statement that she “believes” plaintiff to be the perpetrator of the crimes charged in Florida is not a substantial charge hereunder and writ of habeas corpus releasing plaintiff was granted. 31 CS 412. Implements Art. IV, Sec. 2 of U.S. Constitution; person demanded may resist extradition by proving, in habeas corpus proceeding, that he was not present in demanding state at time of alleged offense and is, therefore, not a fugitive from its justice. 34 CS 78. Judicial finding of probable cause should be explicitly made. 40 CS 179. Cited. 42 CS 569.
Structure Connecticut General Statutes
Chapter 964 - Uniform Criminal Extradition Act
Section 54-157. - Definitions.
Section 54-158. - Governor's duty to arrest and deliver up fugitive.
Section 54-159. - Requirements for recognition of extradition demand.
Section 54-160. - State's attorney and prosecuting attorney to assist Governor.
Section 54-161. - Return to this state of person imprisoned or held in another state.
Section 54-162. - Return to another state of person whose act in this state caused crime.
Section 54-163. - Arrest warrant signed by Governor.
Section 54-164. - Authorization under warrant.
Section 54-165. - Power of arresting officer.
Section 54-166. - Appearance of accused in court. Habeas corpus.
Section 54-167. - Penalty for failure of officer to present accused in court.
Section 54-168. - Confinement, when.
Section 54-169. - Arrest warrant of judge.
Section 54-170. - Arrest without warrant.
Section 54-171. - Commitment pending Governor's warrant.
Section 54-172. - Allowance and conditions of bail bond.
Section 54-173. - Discharge or recommitment after expiration of period specified in warrant or bond.
Section 54-174. - Forfeiture of bond.
Section 54-175. - Surrender of person against whom criminal prosecution pending in this state.
Section 54-176. - Governor not to inquire into guilt or innocence of accused.
Section 54-177. - Recall or new issuance of Governor's warrant.
Section 54-178. - Governor seeking extradition to issue warrant to agent to receive accused.
Section 54-180. - Immunity of accused to process in civil action arising from same facts.
Section 54-181. - Waiver by accused.
Section 54-182. - State's rights not waived.
Section 54-183. - Trial for crimes other than those specified in extradition requisition.
Section 54-184. - Interpretation of chapter.
Section 54-185. - Short title: Uniform Criminal Extradition Act.