No demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases arising under Code Section 17-13-25, 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 the state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
(Ga. L. 1951, p. 726, § 3.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 31A Am. Jur. 2d, Extradition, § 68 et seq.
C.J.S.- 35 C.J.S. (Rev), Extradition and Detainers, §§ 19, 20, 25 et seq.
U.L.A.- Uniform Criminal Extradition Act (U.L.A.) § 3.
ALR.
- One who left demanding state by official permission as a fugitive from justice for purposes of extradition, 67 A.L.R. 1480.
Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.
Sufficiency of statements in demanding papers in extradition proceedings as allegation or proof of presence of accused in demanding state at time of commission of alleged crime or that accused is a fugitive, 135 A.L.R. 973.
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.
Determination, in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 40 A.L.R.2d 1151.
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 1085.