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16-19-105. Governor may investigate case.

Statute text

When a demand is 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.


Source: L. 53: p. 315, 4. CSA: C. 72, 49. CRS 53: 60-1-4. C.R.S. 1963: 60-1-4.





Courts of asylum state may not consider certain allegations. The courts of the asylum state in a habeas corpus proceeding under this article may not properly consider allegations that the fugitive's life would be endangered by return to the demanding state. The accused, in respect to this matter, must pursue his remedies in the demanding state or with the executive of the asylum state. Lomax v. Cronin, 194 Colo. 523, 575 P.2d 1285 (1978).

It is improper for judiciary to tell governor how to delegate his authority in extradition matters. It is no less improper for the judiciary to tell the governor, once he has delegated his authority, how the delegated authority should be exercised. Steinman v. Caldwell, 628 P.2d 110 (Colo. 1981).