The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in Section 3 [31-4-3 NMSA 1978] with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act [31-4-1 to 31-4-30 NMSA 1978] not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
History: Laws 1937, ch. 65, § 6; 1941 Comp., § 42-1906; 1953 Comp., § 41-19-6.
Proper request by demanding state must be honored. — Extradition demanded by another state for the crime of non-support, properly requested under this section, should be honored by New Mexico if the demanding state has a law making it a crime to fail to support a wife or child when the accused is outside the demanding state at the time of failure to support occurs. 1953 Op. Att'y Gen. No. 53-5713.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 28, 29.
One not in demanding state at time of offense, but who afterward entered and left state, as fugitive from justice within extradition law, 91 A.L.R. 1262.
Constitutionality, construction and application of statute authorizing extradition of one who commits an act within the state or a third state resulting in a crime in the demanding state, 151 A.L.R. 239.
35 C.J.S. Extradition § 11.
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.