Code of Alabama
Ala. Code § 15-9-33 (2026)
What Supporting Documents to Show.
✓ official Alabama Legislature (ALISON) text, current July 2026
A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that the accused was present in the demanding state at the time of the commission of the alleged crime and that he thereafter fled from that state and is now in this state, and that he is lawfully charged by indictment or by an information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of crime in that state and has escaped from confinement or broken his parole.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §52.)
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.”
Cramer v. State, 480 So. 2d 13 (Ala. Crim. App. 1985). “Code of Alabama 1975, § 15-9-33, does contain that literal requirement.”
Alabama v. Battles, 452 U.S. 920 (1981). “Ala. Code § 15-9-33 (1975). The Court of Criminal Appeals interpreted these statutory provisions to require that an affidavit, based upon personal knowledge, must coincide with and be attached to the information.”
Johnson v. State, 439 So. 2d 1352 (Ala. Crim. App. 1983). “Johnson argues that the complaint and attached documents do not constitute a sufficient affidavit under Alabama Code Section 15-9-3 and Section 15-9-33 (1975), and do not support a finding of probable cause.”
Harris v. State, 669 So. 2d 1033 (Ala. Crim. App. 1995). “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 affidavit to the facts, or by an affidavit…”
Shirley v. State, 363 So. 2d 103 (Ala. Crim. App. 1978). “)” Section 15-9-33, Code of 1975, is as follows: “A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that the accused was present in the demanding state at the time of the commission of the alleged crime…”
Gage v. State, 397 So. 2d 265 (Ala. Crim. App. 1981). “” Section 15-9-33 provides: “A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show .”
Emmons v. State, 650 So. 2d 612 (Ala. Crim. App. 1994). “Section 15-9-33, Code. These two sections operate as a guide and basis for the issuance of a warrant of extradition and must be read together.”
Burzycki v. State, 594 So. 2d 716 (Ala. Crim. App. 1991). “The appellant maintained at the hearing for his petition for writ of habeas corpus that he should not be extradited to the Florida because the requirements of § 15-9-33, Code of Alabama 1975, had not been satisfied.”
Blevins v. State, 364 So. 2d 388 (Ala. Crim. App. 1978). “The rendition warrant fails to comply with the requirements of Section 15-9-33, Code 1975. It is necessary for the issuance of a warrant in such cases that the accused is “lawfully charged by indictment or by an information filed by a prosecuting officer and supported by…”
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