19.2-87 - Form of demand. - Virginia Statutes

§ 19.2-87. Form of demand.

No demand for the extradition of a person charged with, or convicted of,crime in another state shall be recognized by the Governor unless in writingalleging, except in cases arising under § 19.2-91, that the accused waspresent in the demanding state at the time of the commission of the allegedcrime and that thereafter he fled from such state, and accompanied: (1) by acopy of an indictment found, (2) by a copy or an information supported by anaffidavit filed in the state having jurisdiction of the crime, (3) by a copyof an affidavit made before a magistrate in such state together with a copyof any warrant which was issued thereupon, or (4) by a copy of a judgment ofconviction or of a sentence imposed in execution thereof together with astatement by the executive authority of the demanding state that the personclaimed has escaped from confinement or has broken the terms of his bail,probation or parole. The indictment, information or affidavit made before themagistrate must substantially charge the person demanded with havingcommitted a crime under the law of that state; and the copy of theindictment, information, affidavit, judgment of conviction or sentence mustbe authenticated by the executive authority making the demand.

(Code 1950, § 19.1-51; 1960, c. 366; 1975, c. 495.)