Code of Alabama
Ala. Code § 15-9-31 (2026)
Form of Demand.
✓ official Alabama Legislature (ALISON) text, current July 2026
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found, or by an 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 thereon. 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 must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §50.)
Notes of Decisions
Cited in 10
cases, 1978–1995 · leading case: Battles v. State, 389 So. 2d 957 (Ala. Crim. App. 1980).
Battles v. State, 389 So. 2d 957 (Ala. Crim. App. 1980). “In resisting the extradition to Florida, the appellant, through his counsel, calls the attention of this Court to the provisions of § 15-9-31 and § 15-9-33, Code of Alabama 1975, which are as follows: “§ 15-9-31.”
Alabama v. Battles, 452 U.S. 920 (1981). “” Ala. Code § 15-9-31 (1975). *923 The statute also requires in pertinent part that the documents supporting the demand must show that the accused “is lawfully charged by indictment or by an information filed by a prosecuting officer and supported by affidavit to the facts, or…”
Harris v. State, 669 So. 2d 1033 (Ala. Crim. App. 1995). ““In Alabama, no requisition warrant for the arrest and return of a fugitive from justice shall be recognized by the governor of this state unless the demand is in writing and accompanied by ‘a copy of an indictment found, or by an information supported by affidavit ... or by a…”
Gage v. State, 397 So. 2d 265 (Ala. Crim. App. 1981). “Code of Alabama 1975, § 15-9-31 provides: “No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found, or by an information supported by affidavit, in the…”
Shirley v. State, 363 So. 2d 103 (Ala. Crim. App. 1978). “Section 15-9-31, Code of 1975 provides: “No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found, or by an information supported by affidavit, in the…”
Emmons v. State, 650 So. 2d 612 (Ala. Crim. App. 1994). “’ Section 15-9-31, Code of Alabama 1975. Before a rendition warrant is issued, the documents presented by the demanding state must show, among other things, that the accused is ‘lawfully charged by indictment or by an information filed by a prosecuting officer and supported by…”
Coulter v. State, 611 So. 2d 1129 (Ala. Crim. App. 1992). “See §§ 15-9-31 through 15-9-33, Code of Alabama 1975.”
Smith v. State, 361 So. 2d 1136 (Ala. Crim. App. 1978). “Judge of the Superior Court of the State of California for the County of Los Angeles” *1140 Section 15-9-31, Code of 1975, provides: “No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and…”
Johnson v. State, 425 So. 2d 515 (Ala. Crim. App. 1982). “Section 15-9-31, Code Of Alabama, 1975, clearly states that there shall be attached to the requisition warrant from the Governor of the foreign state a certified copy of an indictment found or by an information supported by affidavit, in the state having jurisdiction of the…”
Burzycki v. State, 594 So. 2d 716 (Ala. Crim. App. 1991). “*718 All of the documentation required by § 15-9-31, Code of Alabama 1975, is present.”
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