N.M. Stat. » N.M. Stat. / Chapter 31 / Article 4
New Mexico Statutes

N.M. Stat. § 31-4-1 (2026)

Definitions.

✓ current as of May 2026
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    Where appearing in this act [31-4-1 to 31-4-30 NMSA 1978], the term "governor"
includes any person performing the functions of governor by authority of the law of this
state. The term "executive authority" includes the governor, and any person performing
the functions of governor in a state other than this state. The term "state", referring to a
state other than this state, includes any other state or territory, organized or
unorganized, of the United States of America. The term "prosecuting attorney" includes
the various district attorneys of this state and their duly appointed, qualified and acting
assistants, the attorney general and his duly appointed, qualified and acting assistants.

History: Laws 1937, ch. 65, § 1; 1941 Comp., § 42-1901; 1953 Comp., § 41-19-1.

                                     ANNOTATIONS

Uniform Criminal Extradition Act is constitutional. Ex parte Dalton, 1952-NMSC-
049, 56 N.M. 407, 244 P.2d 790.

Extradition not required. — The state was not required to extradite defendant from
Arizona so as to prevent his classification as a fugitive under 31-21-15 NMSA 1978 and
the consequent revocation of probation. State v. McDonald, 1991-NMCA-132, 113 N.M.
305, 825 P.2d 238, cert. denied, 113 N.M. 44, 822 P.2d 1127 (1992).

Law reviews. — For comment, "Tribal Control of Extradition from Reservations," see 10
Nat. Resources J. 626 (1970).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 1 et seq.

Right to delay of one arrested on extradition warrant to enable him to present evidence
that he is not subject to extradition, 11 A.L.R. 1410.

Meaning of word "similar" in statute as to evidence in extradition proceeding, 17 A.L.R.
102.

Right to try one for an offense other than that named in extradition proceedings, 21
A.L.R. 1405.

One charged with desertion or failure to support wife or child as fugitive from justice,
subject to extradition, 32 A.L.R. 1167, 54 A.L.R. 281.

Right to prove alibi or absence from demanding state, 51 A.L.R. 797, 61 A.L.R. 715.

Extradition of juveniles, 73 A.L.R.3d 700.

Application of doctrine of specialty to federal criminal prosecution of accused extradited
from foreign country, 112 A.L.R. Fed. 473.
Test of "dual criminality" where extradition to or from foreign nation is sought, 132
A.L.R. Fed. 525.

35 C.J.S. Extradition § 2 et seq.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1979–2025 · leading case: State v. Lopez, 734 P.2d 778 (N.M. Ct. App. 1987).
Sort: Relevance Newest Treatment
State v. Lopez, 734 P.2d 778 (N.M. Ct. App. 1987). · cites it 6× “NMSA 1978, §§ 31-4-1 to -30 (Repl.Pamp. 1984).”
In Re Extradition of Martinez, 20 P.3d 126 (N.M. 2001). · cites it 3× “The Governor of the State of New Mexico, pursuant to the Uniform Criminal Extradition Act, NMSA 1978, §§ 31-4-1 to -31 (1937, as amended through 1981), issued his Extradition *128 Warrant ordering Mr.”
Reed v. State Ex Rel. Ortiz, 947 P.2d 86 (N.M. 1997). · cites it 4× “See NMSA 1978, §§ 31-4-1 to -30 (1937, as amended through 1981); Ohio Rev.”
State v. McDonald, 825 P.2d 238 (N.M. Ct. App. 1991). · cites it 4× “Defendant next argues that the state could and should have extradited defendant once it was aware of his whereabouts.”
State v. Cawley, 799 P.2d 574 (N.M. 1990). · cites it 2× “See NMSA 1978, §§ 31-4-1 to -31 (Repl.Pamp.1984).”
Johnson v. Shuler, 2001 NMSC 009 (N.M. 2001). · cites it 2× “The Governor of the State of New Mexico, pursuant to the Uniform Criminal Extradition Act, NMSA 1978, §§ 31-4-1 to -31 (1937, as amended through 1981), issued his Extradition Warrant ordering Mr.”
In Re Est. of Jewell, 18 P.3d 334 (N.M. Ct. App. 2001). · cites it 2× “See NMSA 1953, § 31-4-1 (1889); Andros v. Flournoy, 22 N.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). “, N.M. Stat. Ann. § 31-4-1 (1937), and Mass.”
Alberto Lopez, Jr. v. O.L. McCotter, 875 F.2d 273 (10th Cir. 1989). “The New Mexico courts construed the Uniform Criminal Extradition Act (UCEA), N.M. StatAnn. § 31-4-1 (Repl.Pamp.1984), enacted in 1937, to apply to the acts of petitioner.”
Bazaldua v. Hanrahan, 592 P.2d 512 (N.M. 1979). “) New Mexico has adopted the Uniform Criminal Extradition Act, §§ 31-4-1 through 31-4-30, N.M.S.A.1978 (formerly §§ 41-19-1 through 41-19-30, N.”
Skinner v. Prummell (D.N.M. 2024). · cites it 14× “See N.M. Stat. Ann. § 31-4-1 et seq. He alleges that:  the fugitive complaint was dismissed, and was not refiled, NMSA §§ 31-4-10, 14;  a Governor’s warrant was not issued to authorize extradition, NMSA § 31-4-15; and  Because there was no Governor’s warrant or fugitive…”
Skinner v. Prummell (D.N.M. 2023). · cites it 4× “2000); see NMSA 1978 §§ 31-4-1 through 31-4-31 (the “NMUCEA”).”
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