If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Section 6 [31-4-6 NMSA 1978], that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section [31-4-16 NMSA 1978], or until he shall be legally discharged.
History: Laws 1937, ch. 65, § 15; 1941 Comp., § 42-1915; 1953 Comp., § 41-19-15.
ANNOTATIONSConstitutional basis for extradition not contingent upon right to speedy trial. — United States Const., art. IV, § 2, the basis for extradition, by its terms, is not made contingent upon a sixth amendment right to a speedy trial. 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.
No bail for parole violators under interstate compact. — The extradition statutes, this section and Section 31-4-16 NMSA 1978, provide for bail in certain instances. These provisions for bail, however, would not apply in the case where the parole board is investigating a parolee being held in jail for parole violation under the terms of the interstate compact. 1957 Op. Att'y Gen. No. 57-33.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 58 to 62.
35 C.J.S. Extradition § 67.