§ 31-4-10 — Rights of accused person; application for writ of habeas

New Mexico § 31-4-10

• Jurisdiction: New Mexico
• Ch. 31: Criminal Procedure
• Art. 4: Extradition

Text

corpus. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

Legislative History

Laws 1937, ch. 65, § 10; 1941 Comp., § 42-1910; 1953 Comp., § 41-19-10.