If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
History: Laws 1937, ch. 65, § 7; 1941 Comp., § 42-1907; 1953 Comp., § 41-19-7.
ANNOTATIONSPrisoner is not entitled to bail after governor's extradition warrant has been served. State ex rel. Schiff v. Brennan, 1983-NMSC-042, 99 N.M. 641, 662 P.2d 642.
Enumeration of rights not required. — A warrant issued in accordance with this section is not required to enumerate the rights contained in Section 31-4-10 NMSA 1978. Johnson v. Shuler, 2001-NMSC-009, 130 N.M. 144, 20 P.3d 126.
County cannot recover expenses incurred for jailing fugitive. — Where a fugitive from New Hampshire was detained in the Colfax County jail while awaiting extradition to New Hampshire; the governors of New Mexico and New Hampshire played the exclusive roles in the extradition process such that neither New Hampshire nor its governor made any demand on Colfax County or directed Colfax County to act on their behalf; the extradition warrant issued by the governor of New Mexico granted Colfax County jurisdiction to hold the fugitive and Colfax County acted as the New Mexico governor's agent in the extradition process; and New Hampshire had no contact with Colfax County, Colfax County was barred from demanding payment of state expenses incurred for jailing the fugitive. Colfax Cnty. Bd. of Cnty. Comm'r v. State of N.H., 16 F.3d 1107 (10th Cir. 1994).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 117 to 119.
Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.
35 C.J.S. Extradition §§ 35, 36.