If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his appearance and surrender, as provided in Section 16 [31-4-16 NMSA 1978], but within a period not to exceed sixty days after the date of such new bond.
History: Laws 1937, ch. 65, § 17; 1941 Comp., § 42-1917; 1953 Comp., § 41-19-17.
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.