Kentucky Revised Statutes

Ky. Rev. Stat. § 440.180 (2026)

Conditions of demand for extradition

✓ current as of May 2026
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No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under KRS 440.210, 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 the state, and accompanied by a copy of an indictment found or by 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 thereupon; or 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 indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 4, effective June 16, 1960.

Notes of Decisions
Cited in 2 cases, 1961–1964 · leading case: Squadroni v. Smith, 349 S.W.2d 700 (Ky. Ct. App. 1961).
Squadroni v. Smith, 349 S.W.2d 700 (Ky. Ct. App. 1961). · cites it 4× “The trial court held that Smith was not in the demanding state at the time of the alleged crime as required in KRS 440.180. For this reason he directed the release of Smith.”
Brewster v. Luby, 380 S.W.2d 261 (Ky. Ct. App. 1964). “200 (2), which provides: “The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in KRS 440.180 with having violated the laws of the state whose executive authority is…”
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