Title 17, Chapter 13, Section 1
( 17-13-1)
In addition to rules adopted by the Governor, the following rules
shall be observed as a condition precedent to obtaining a
requisition by him for the extradition of any fugitive from the
justice of this state: (1) The application for a requisition shall be made to the
Governor by a district attorney, prosecuting attorney of a state
court, judge of a city or state court, or the mayor of any
municipal corporation of this state and must show the full name of
the fugitive for whom extradition is asked, the crime charged, the
state or territory to which he has fled, the full name of the
person suggested to act as agent of this state to receive and
convey the fugitive to this state, the agent in no case to be the
prosecutor; but the Governor may, in his discretion, appoint some
other suitable person as agent of this state to receive and convey
the fugitive. The application must also show that the ends of
public justice require that the fugitive shall be brought back to
this state for trial and that the requisition is not wanted for
the purpose of enforcing the collection of a debt or for any
private purpose whatever but solely for the purpose of a criminal
prosecution as provided by law; (2) The application shall be accompanied by the affidavit of the
prosecutor, if any, stating that the requisition is wanted for the
sole purpose of punishing the accused and not in any way to
collect a debt or money or to enforce the payment thereof; (3) If the fugitive has been indicted, two certified copies of the
indictment or presentment shall be forwarded to the Governor with
the application; and (4) If no indictment has been preferred and an affidavit is the
basis of the requisition, the affidavit shall describe the crime
committed, with all the particularity required in an indictment,
and two certified copies of the affidavit shall accompany the
petition for the requisition. |