Printable Format22-2706. Persons not present in the demanding state at time of commission of crime. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 22-2703 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
History: L. 1970, ch. 129, ยง 22-2706; July 1.
Source or Prior Law:
62-732.
CASE ANNOTATIONS
1. Act construed and applied; extradition proceedings initiated by governor of Colorado; Kansas habeas corpus writ ordered discharged. McCullough v. Darr, 219 Kan. 477, 481, 482, 483, 548 P.2d 1245.
2. Texas indictments accompanying extradition requests did not disclose crimes were committed in Kansas; governor's warrant not fatally defective; habeas corpus denied. Greenbaum v. Darr, 220 Kan. 525, 527, 528, 552 P.2d 993.
3. Mandatory (K.S.A. 22-2702) and discretionary extradition statutes compared; applicability of each determined. Kennon v. State, 248 Kan. 515, 809 P.2d 546 (1991).
4. When governor has discretion to grant extradition demand examined. Dunn v. Hindman, 18 Kan. App. 2d 537, 541, 855 P.2d 994 (1993).
5. Whether governor has discretion in surrendering defendant to demanding state if defendant left under compulsion examined. Dunn v. Hindman, 836 F. Supp. 750, 756 (1993).
6. Fugitive may challenge ability to consult with attorney with reasonable degree of rational understanding on certain extradition issues. State v. Patton, 285 Kan. 779, 782, 176 P.3d 151 (2008).