State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-743

§15A‑743.  Application for issuance of requisition; by whom made;contents.

(a)        When the return tothis State of a person charged with crime in this State is required, theprosecuting attorney shall present to the Governor his written application fora requisition for the return of the person charged, in which application shallbe stated the name of the person so charged, the crime charged against him, theapproximate time, place and circumstances of its commission, the state in whichhe is believed to be, including the location of the accused therein, at thetime the application is made and certifying that, in the opinion of the saidprosecuting attorney, the ends of justice require the arrest and return of theaccused to this State for trial and that the proceeding is not instituted toenforce a private claim.

(b)        When the return tothis State is required of a person who has been convicted of a crime in thisState and has escaped from confinement or broken the terms of his bail,probation or parole, the prosecuting attorney of the county in which theoffense was committed, the parole board, or the Director of Prisons or sheriffof the county from which escape was made, shall present to the Governor awritten application for a requisition for the return of such person, in whichapplication shall be stated the name of the person, the crime of which he wasconvicted, the circumstances of his escape from confinement or of the breach ofthe terms of his bail, probation or parole, the state in which he is believedto be, including the location of the person therein at the time application ismade.

(c)        The applicationshall be verified by affidavit, shall be executed in duplicate and shall beaccompanied by two certified copies of the indictment returned, or informationand affidavit filed, or of the complaint made to the judge or magistrate,stating the offense with which the accused is charged, or of the judgment ofconviction or of the sentence.  The prosecuting officer, parole board, wardenor sheriff may also attach such further affidavits and other documents induplicate as he shall deem proper to be submitted with such application.  Acopy of all papers shall be forwarded with the Governor's requisition. (1937,c. 273, s. 23; 1973, c. 1286, s. 16; 1975, c. 132; 1993, c. 83.)