Section 16-94-205 - Warrant generallyA warrant of extradition must not be issued unless documents presented by the executive authority making the demand show that:
I. Except in cases arising under § 16-94-206, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;II. The accused is now in this state; andIII. He or she is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he or she has been convicted of a crime in that state and has escaped from confinement or broken his or her parole.Acts 1935, No. 126, § 5; Pope's Dig., § 6085; A.S.A. 1947, § 43-3005.