Allegations required in demand for extradition

A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that: (1) Except in cases arising under § 40-9-113 , the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state; (2) The accused is now in this state; and (3) The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that the accused has been convicted of a crime in that state and has escaped from confinement or broken parole. Acts 1951, ch. 240, § 5 (Williams, § 11935.5); T.C.A. (orig. ed.), § 40-1012. A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that: (1) Except in cases arising under § 40-9-113 , the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state; (2) The accused is now in this state; and (3) The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that the accused has been convicted of a crime in that state and has escaped from confinement or broken parole. Acts 1951, ch. 240, § 5 (Williams, § 11935.5); T.C.A. (orig. ed.), § 40-1012.