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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 4. ARREST OF PERSONS · Article 3. WARRANTS FOR ARREST

17-4-41. Contents of affidavits made or warrants issued for arrest of penal offenders.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    An affidavit made or warrant issued for the arrest of a person who is accused of violating the penal laws of this state shall include, as nearly as practicable, the following facts:#

    1. (1)

      The offense, including the time, date, place of occurrence, against whom the offense was committed, and a statement describing the offense; and#

    2. (2)

      The county in which the offense was committed.#

  2. (b)

    When the offense charged is theft, the affidavit made or warrant issued shall state, in addition to the requirements of subsection (a) of this Code section, the following facts:#

    1. (1)

      Name of the property alleged to have been stolen, with a description thereof, including its value; and#

    2. (2)

      Name of the owner of the property and the person from whose possession such property was taken.#

  3. (c)

    It is the intent of these requirements that the accused person shall be informed of the specific charge against him and of all basic pertinent particulars pertaining thereto.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1865-66, p. 235, § 1; Code 1868, § 4617; Code 1873, § 4714; Code 1882, § 4714; Penal Code 1895, § 883; Penal Code 1910, § 904; Code 1933, § 27-103; Code 1933, § 27-103.1, enacted by Ga. L. 1962, p. 668, § 1.

Law reviews

For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005); 58 Mercer L. Rev. 111 (2006).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 145; merge action: carried; file SHA-256 0b0d45f9c609.