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

N.M. Stat. § 31-4-4 (2026)

Governor may investigate case

✓ laws through the 2025 session (retrieved May 2026)
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When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.

History: Laws 1937, ch. 65, § 4; 1941 Comp., § 42-1904; 1953 Comp., § 41-19-4.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Extradition § 96.

Mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415.

Bar of limitations as proper subject of investigation in extradition proceedings, 77 A.L.R. 902.

Determination in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 81 A.L.R. 552, 40 A.L.R.2d 1151.

Motive or ulterior purpose of officials demanding or granting extradition as proper subject of inquiry, 94 A.L.R. 1493.

Sanity or insanity or pendency of lunacy proceedings as matters for consideration in extradition proceedings, 114 A.L.R. 693.

35 C.J.S. Extradition §§ 30 to 33.

Notes of Decisions
Cited in 3 cases, 1984–2001 · leading case: Reed v. State ex rel. Ortiz, 1997-NMSC-055, 947 P.2d 86.
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Reed v. State ex rel. Ortiz, 1997-NMSC-055, 947 P.2d 86. · cites it 4× “" Section 31-4-4. Similarly, the governor "shall sign a warrant of arrest" upon determining whether "the demand should be complied with.”
In re Extradition of Martinez, 20 P.3d 126 (N.M. 2001). · cites it 2× “We believe that "facts necessary to the validity of its issuance," refers to the factual allegations derived from the requisition from the demanding state coupled with any facts uncovered by the Governor's independent investigation.”
Hopper v. State ex rel. Schiff, 678 P.2d 699 (N.M. 1984). · cites it 2× “NMSA 1978, Section 31-4-4 provides: When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this…”
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