§ 19.2-87 — Form of demand

Virginia § 19.2-87

• Jurisdiction: Virginia
• Title 19.2: CRIMINAL PROCEDURE
• Ch. 8: EXTRADITION OF CRIMINALS
• Art. 2: UNIFORM CRIMINAL EXTRADITION ACT

Text

No demand for the extradition of a person charged with, or convicted of, crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 19.2-91, 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 such state, and accompanied: (1) by a copy of an indictment found, (2) by a copy or an information supported by an affidavit filed in the state having jurisdiction of the crime, (3) by a copy of an affidavit made before a magistrate in such state together with a copy of any warrant which was issued thereupon, or (4) 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, judgment of conviction or sentence must be authenticated by the executive authority making the demand.

Legislative History

Code 1950, § 19.1-51; 1960, c. 366; 1975, c. 495.