Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section 6 of the Uniform Criminal Extradition Act, providing for extradition when the accused was not in the demanding state at the time of the commission of the crime and has not fled therefrom, is constitutional and applicable to the crime of non-support. Ex parte Dalton, (N.M. 1952) 244 P. (2d) 790.
David D. Dowd, Jr.,
CRIMINAL PROCEDURE-EXTRADITION FOR NON-SUPPORT UNDER SECTION 6 OF THE UNIFORM CRIMINAL EXTRADITION ACT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol51/iss4/15