The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
Source: L. 53: p. 320, § 21. CSA: C. 72, § 66. CRS 53: § 60-1-21. C.R.S. 1963: § 60-1-21.
ANNOTATION
Courts of asylum state may not consider certain allegations. The courts of the asylum state in a habeas corpus proceeding under this article may not properly consider allegations that the fugitive's life would be endangered by return to the demanding state. The accused, in respect to this matter, must pursue his remedies in the demanding state or with the executive of the asylum state. Lomax v. Cronin, 194 Colo. 523, 575 P.2d 1285 (1978).
Demanding state may reinstate extradition demand after having withdrawn it. Massey v. Wilson, 199 Colo. 121, 605 P.2d 469 (1980).
Jurisdiction retained where warrant recalled because complaint amended. Where the governor of the asylum state recalled his warrant of arrest and issued another warrant because the complaints against the defendants was amended, Colorado court clearly retained jurisdiction over the defendants during this procedure. Allen v. Leach, 626 P.2d 1141 (Colo. 1981).
Governor may reactivate warrant. When considered in conjunction with § 16-19-120, the authority granted to the governor by this section, includes the authority to temporarily withhold and conditionally reactivate a previously issued warrant. Jacobson v. Sullivan, 703 P.2d 1293 (Colo. 1985).