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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1723   View pdf image (33K)
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GOVERNOR—EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS 1723

District of Columbia authorized to receive such demand under the laws
of the United States, he shall issue a warrant under the seal of this state,
to some agent, commanding him to receive the person so charged if deliv-
ered to him and convey him to the proper officer of the county in this
state or the City of Baltimore, in which the offense was committed.

1937, ch. 179, sec. 13V.

34. (Application For Issuance of Requisition; by Whom Made; Con-
tents.) I. When the return to this state of a person charged with crime in
this state is required, the State's Attorney of the County or the City of Bal-
timore, as the case may be, shall present to the Governor his written appli-
cation for a requisition for the return of the person charged, in which
application shall be stated the name of the person so charged, the crime
charged against him, the approximate time, place and circumstances of its
commission, the state in which he is believed to be, including the location
of the accused therein, at the time the application is made and certifying
that, in the opinion of the said prosecuting attorneys the ends of justice
require the arrest and return of the accused to this state for trial and that
the proceeding is not instituted to enforce a private claim.

II. When the return to this state is required of a person who has been
convicted of a crime in this state and has escaped from confinement or
broken the terms of his bail, probation or parole, the State's Attorney of
the county or the City of Baltimore, in which the offense was committed,
the parole commission, or the warden of the institution or sheriff of the
county, from which escape was made, shall present to the Governor a writ-
ten application for a requisition for the return of such person, in which
application shall be stated the name of the person, the crime of which he
was convicted, the circumstances of his escape from confinement or of the
breach of the terms of his bail, probation or parole, the state in which he
is believed to be, including the location of the person therein at the time
application is made.

III. The application shall be verified by affidavit, shall be executed in
duplicate and shall be accompanied by two certified copies of the indict-
ment returned, or information and affidavit filed, or of the complaint made
to the judge or Justice of the Peace, stating the offense with which the
accused is charged, or of the judgment of conviction or of the sentence.
The prosecuting officer, parole board, warden or sheriff may also attach
such further affidavits and other documents in duplicate as he shall deem
proper to be submitted with such application. One copy of the application,
with the action of the Governor indicated by endorsement thereon, and
one of the certified copies of the indictment, complaint, information, and
affidavits, or of the judgment of conviction or of the sentence shall be filed
in the office of the Secretary of State, to remain of record in that office.
The other copies of all papers shall be forwarded with the Governor's
requisition.

1937, ch. 179, sec. 13W.

35. (Immunity From Service of Process in Certain Civil Actions.) A
person brought into this state by, or after waiver of, extradition based on
a criminal charge shall not be subject to service of personal process in civil
actions arising out of the same facts as the criminal proceedings to answer
which he is being or has been returned, until he has been convicted in the
criminal proceeding, or, if acquitted, until he has had reasonable oppor-
tunity to return to the state from which he was extradited.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1723   View pdf image (33K)
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