Ark. Code Ann. » Title 16 Chapter 94
Arkansas Code Annotated

Ark. Code Ann. § 16-94-206 (2020)

Absence of fugitive from other state when crime committed

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The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in § 16-94-205 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand; and the provisions of this subchapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled therefrom.

History. Acts 1935, No. 126, § 6; Pope's Dig., § 6086; A.S.A. 1947, § 43-3006.

Case Notes

Constitutionality.

This section is based on a valid exercise of the police power of the state. Lindley v. Crider, 223 Ark. 200, 265 S.W.2d 498 (1954).

In General.

A person need not be a fugitive from the requesting state in order to be extradited to that state; a person may be extradited if he is found to be a nonfugitive accused of committing an act in Arkansas intentionally resulting in a crime in the requesting state. Fullerton v. McCord, 339 Ark. 45, 2 S.W.3d 775 (1999).

Notes of Decisions
Cited in 2 cases, 1999–2003 · leading case: Fullerton v. McCord, 2 S.W.3d 775 (Ark. 1999).
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Fullerton v. McCord, 2 S.W.3d 775 (Ark. 1999). · cites it 20× “The circuit court denied the petition foEowing a hearing on August 12, 1998.”
Farmers Home Mut. Fire Ins. v. Bank of Pocahontas, 129 S.W.3d 832 (Ark. 2003). · cites it 2× “There, this court said that extradition of certain non-fugitives is at the discretion of the governor, based on language in Ark. Code Ann. § 16-94-206 (1987), that provides that the Governor “may also surrender, on demand of the executive authority of any other state any person…”
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