N.M. Stat. » Chapter 31 — Criminal Procedure
New Mexico Statutes

N.M. Stat. § 31-4-11 (2026)

Penalty for noncompliance with preceding section

✓ laws through the 2025 session (retrieved May 2026)
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant, in willful disobedience to the last section [31-4-10 NMSA 1978], shall be guilty of a misdemeanor and, on conviction, shall be fined (not more than $1,000.00 or be imprisoned not more than six months, or both).

History: Laws 1937, ch. 65, § 11; 1941 Comp., § 42-1911; 1953 Comp., § 41-19-11.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — Necessity that demanding state show probable cause to arrest fugitive in extradition proceedings, 90 A.L.R.3d 1074.

Notes of Decisions
Cited in 3 cases, 2001–2001 · leading case: In re Extradition of Martinez, 20 P.3d 126 (N.M. 2001).
Sort: Relevance Newest Treatment
In re Extradition of Martinez, 20 P.3d 126 (N.M. 2001). · cites it 6× “This interpretation is consistent with the legislative scheme as embodied in NMSA 1978, § 31-4-11 (1937). This Section demonstrates that the Legislature intended to create a direct obligation for peace officers charged with extradition: Any officer who shall deliver to the agent…”
Johnson v. Shuler, 2001-NMSC-009, 130 N.M. 144. · cites it 4× “This interpretation is consistent with the legislative scheme as embodied in NMSA 1978, § 31-4-11 (1937). This Section demonstrates that the Legislature intended to create a direct obligation for peace officers charged with extradition: Any officer who shall deliver to the agent…”
State v. Nysus, 2001-NMCA-023, 25 P.3d 270. · cites it 2× “See NMSA 1978, § 31-4-11 (1937). It is unnecessary to invoke the extreme sanction of depriving a court of jurisdiction in order to safeguard those rights, particularly in contravention of long-standing and recently reaffirmed precedent.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.