Oklahoma § 22-1141.23 - Application to Governor by prosecuting attorney for

§ 22-1141.23. Application to Governor by prosecuting attorney for

requisition.

When the return to this state of a person charged with crime in

this state is required, the prosecuting attorney shall present to

the Governor his written application 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

Oklahoma Statutes - Title 22. Criminal Procedure

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 attorney 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 prosecuting attorney of the county in which the offense was

committed, the parole board, or the warden of the institution or

sheriff of the county, from which escape was made, shall present to

the Governor a written 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 indictment returned, or information and 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 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.

Laws 1949, p. 210, § 23.