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      CCRP 268     


Art. 268.  Issues at extradition hearing; resulting orders

A.  The grounds for discharge at the extradition hearing are that:

(1)  The accused is not the person mentioned in the governor's warrant, in the requisition, or in the judgment of conviction, sentence, indictment, information, or affidavit which is the basis of the requisition;

(2)  The governor's warrant is not signed; or

(3)  A requirement of Art. 263 has not been met.

B.  The guilt or innocence of the accused as to the crime of which he is charged is not an issue at the hearing.  Unless one of the grounds for discharge is proven, the accused shall, without further delay, be delivered into the custody of the designated agent of the demanding state.

C.  The court may commit the accused for an additional thirty-day period, to enable the demanding state to furnish the proper and necessary papers, if a ground for discharge under Subparagraph (2) or (3) under Paragraph (A) has been established.  If some other ground for discharge is established the accused shall, without further delay, be released.

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