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 section 29-734, 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.
Notes of Decisions
Austin v. Brumbaugh, 186 N.W.2d 723 (Neb. 1971).
· cites it 7× “s no such crime as ‘Parole Violation (Uttering and Publishing)’ in Michigan; (3) petitioner was not present in the demanding State on the 2nd day of August, 1970, when the said crime is alleged to have been committed, and hence is not a fugitive from the justice of that State; *…”
State v. Wallace, 484 N.W.2d 477 (Neb. 1992).
· cites it 4× “Neb.Rev.Stat. § 29-731 (Reissue 1989) provides, in relevant part: No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging .”
Koenig v. Poskochil, 469 N.W.2d 523 (Neb. 1991).
· cites it 2× “Section 29-734 provides: The Governor of this state may also surrender, on demand of the Executive Authority of any other state, any *121 person in this state charged in such other state in the manner provided in section 29-731 with committing an act in this state, or in a third…”
West v. Janing, 274 N.W.2d 161 (Neb. 1979).
“2d 387 ; §§ 29-731, 29-734, 29-738, R. R. S. 1943.”
Radant v. Vargason, 368 N.W.2d 483 (Neb. 1985).
“Also, the essential requirements of § 29-736 have been complied with. The warrant which was issued authorizes that the accused be delivered to the duly authorized agent of the demanding state, Verne E Soucie.”
Singleton v. Adams, 298 N.W.2d 369 (Neb. 1980).
· cites it 2× “The petitioners contend the warrants are defective because the circumstances surrounding the alleged violations of parole are not shown in the supporting documents and it does not appear that the Wisconsin warrants for parole violation were issued based upon probable cause.”
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