Section 15-9-30 Duty of Governor to have arrested and deliver foreign fugitive. Subject to the qualifications of this division, the controlling provisions of the Constitution of the United States and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive […]
Section 15-9-31 Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found, or by an information supported by affidavit, in the state having jurisdiction of the crime or by a […]
Section 15-9-32 Investigation of demand. 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 […]
Section 15-9-33 What supporting documents to show. A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that the accused was present in the demanding state at the time of the commission of the alleged crime and that he thereafter fled from that state and […]
Section 15-9-34 Surrender of person committing act in Alabama resulting in crime in another state. On demand of the executive authority of any other state, the Governor of this state may also surrender any person in this state charged in the other state in the manner provided in Section 15-9-31 with committing an act intentionally […]
Section 15-9-35 Arrest warrant – Issuance; contents. If the Governor shall decide that an extradition demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to a sheriff, marshal, coroner or other person whom he may think fit to entrust with the […]
Section 15-9-36 Arrest warrant – Authorization to arresting officer. A warrant of arrest issued by the Governor under this division shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other […]
Section 15-9-37 Authority of arresting officer to command assistance; refusal to assist arresting officer. Every officer or other person empowered to make an arrest pursuant to a warrant issued under this division shall have the same authority in arresting an accused to command assistance therein as sheriffs and other officers have by law in the […]
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty for violation of section. (a) No person arrested upon a warrant of arrest issued under this division shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been […]
Section 15-9-39 Confinement of prisoner. The officer or person executing a Governor’s warrant of arrest under this division or the agent of the demanding state to whom the prisoner may have been delivered may confine the prisoner in the jail of any county or city through which he may pass when necessary. The keeper of […]
Section 15-9-40 Arrest prior to requisition. Whenever any person within this state shall be charged on the oath of any credible person before any district or circuit court judge of this state with the commission of any crime in any other state and, except in cases arising under Section 15-9-34, with having fled from justice; […]
Section 15-9-41 Arrest without warrant – When authorized; persons authorized to make arrest; appearance of accused before judge. The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged with a crime punishable by death or life imprisonment […]
Section 15-9-42 Arrest without warrant – Commitment to jail or admission to bail. If, from the examination before the district or circuit court judge, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under Section 15-9-34, that […]
Section 15-9-43 Arrest without warrant – When accused to be admitted to bail; conditions of bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the district or circuit court judge must […]
Section 15-9-44 Arrest without warrant – Failure to arrest accused on Governor’s warrant within time specified. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the district or circuit court judge may discharge him, may recommit him to a further […]
Section 15-9-45 Arrest without warrant – Forfeiture of bail. If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the court, by proper order, shall declare the bond forfeited, and recovery may be had thereon in the name of the state as in the […]
Section 15-9-46 When prosecution already instituted in Alabama. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at his discretion, either may surrender him on the demand of the executive authority of another state, or may hold him until he has been […]
Section 15-9-47 Inquiry into guilt or innocence of accused. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this […]
Section 15-9-48 Constraint on use for collection of debt, demand or claim. Nothing in this division shall be construed as authorizing the extradition of any person in this state to any other state where the extradition proceedings, directly or indirectly, seek to aid in the collection of any debt, demand or claim against the party […]
Section 15-9-49 Recall of warrant or issuance of alias. Under this division, the Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §69.)
