2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 4 - Extradition
Section 31-4-23 - Nonwaiver by this state.
Nothing in this act [31-4-1 to 31-4-30 NMSA 1978] contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
History: Laws 1937, ch. 65, § 25b; 1941 Comp., § 42-1923; 1953 Comp., § 41-19-23.
ANNOTATIONSCross references. — For criminal prosecution pending in this state, see 31-4-19 NMSA 1978.
Prosecution continues upon defendant's return. — Jurisdiction to prosecute on forgery charge was not waived when defendant, prior to trial for the charge, was extradited under this section and subsequently returned to the state. State v. Blankenship, 1968-NMCA-026, 79 N.M. 178, 441 P.2d 218.
