The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
History: Laws 1937, ch. 65, § 20; 1941 Comp., § 42-1920; 1953 Comp., § 41-19-20.
Defendant's guilt or innocence reserved for courts of demanding state. — Questions relating to the guilt or innocence of the defendant for the crime charged in the demanding state, logically, are reserved for the courts of the demanding state and may not be inquired into by the courts of the asylum state except for the identity of the person held as being the person charged with the crime. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
Asylum state may not adjudicate defendant's right to speedy trial. — An asylum state, in extradition proceedings, is without authority to adjudicate the defendant's right to a speedy trial in the demanding state upon charges lodged against him there. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
Concepts of res judicata, double jeopardy and estoppel do not apply to extradition proceedings and are not within the purview of inquiry in an extradition proceeding. State v. Sandoval, 1980-NMSC-139, 95 N.M. 254, 620 P.2d 1279.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition §§ 127 to 143.
Necessity and sufficiency of identification of accused as the person charged, to warrant extradition, 93 A.L.R.2d 912.
Necessity that demanding state show probable cause to arrest fugitive in extradition proceedings, 90 A.L.R.3d 1074.
Modern status of rule relating to jurisidictional of state court to try criminal defendant brought within jurisdiction illegally or as result of fraud or mistake, 25 A.L.R.4th 157.
35 C.J.S. Extradition § 29.
Structure 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.