§ 16-19-104 — Form of demand

Colorado § 16-19-104

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Fugitives and Extradition

Text

No demand for the extradition of a person
charged with crime in another state shall be recognized by the governor unless in
writing alleging, except in cases arising under section 16-19-107, 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 that state; and the copy of the indictment, information,
affidavit, or judgment of conviction or sentence must be authenticated by the
executive authority making the demand.

Legislative History

Source: L. 53: p. 315, � 3. CSA: C. 72, � 48. CRS 53: � 60-1-3. L. 57: p. 379, � 1. C.R.S. 1963: � 60-1-3.