If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
History: Laws 1937, ch. 65, § 19; 1941 Comp., § 42-1919; 1953 Comp., § 41-19-19.
ANNOTATIONSCross references. — For obtaining a person detained in another state, under prosecution or conviction, see 31-4-5 NMSA 1978.
For nonwaiver by New Mexico, see 31-4-23 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 C.J.S. Extradition § 15.