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AGO Opinions with Topic: WHAT CONSTITUTES BEING A FUGITIVE FROM JUSTICE
AGO 1959 No. 34 >  April 30, 1959
EXTRADITIONS - AGREEMENTS BETWEEN TWO GOVERNORS FOR THE COOPERATIVE DISPOSITION OF ACTIONS AGAINST AN ACCUSED - WHAT CONSTITUTES BEING A FUGITIVE FROM JUSTICE
EXTRADITIONS - AGREEMENTS BETWEEN TWO GOVERNORS FOR THE COOPERATIVE DISPOSITION OF ACTIONS AGAINST AN ACCUSED - WHAT CONSTITUTES BEING A FUGITIVE FROM JUSTICE (1)  A person is a fugitive from justice within the meaning of the constitution and laws of the United States where it appears: (a) that he has been charged or convicted with an extraditable offense in the demanding state; (b) that he was present in the demanding state on the date the alleged crime was committed; (c) that he thereafter voluntarily left or was forcibly removed by legal process from the demanding state. (2)  A prisoner confined in the asylum state may be extradited to this state, upon demand of our governor, without the asylum state waiving its right to subsequently request the return of the prisoner where the governors of the respective states enter into an agreement setting forth the conditions under which the temporary waiver of custody is granted. (3)  An extradition agreement between two governors for the cooperative disposition of claims against an accused is not required to be founded in affirmative statutory authorization enacted in both states.  Principles of comity, as between sovereigns, amply warrant the execution and performance of such an agreement.
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