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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 7. PRETRIAL PROCEEDINGS · Article 8. PROCEDURE FOR SECURING ATTENDANCE OF WITNESSES AT GRAND JURY OR TRIAL PROCEEDINGS

17-7-190. Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed.

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

  1. When any person accused of a criminal offense before a court of inquiry is bound over or committed for trial in superior court, the judicial officer holding the court of inquiry shall, at the time of the commitment hearing, give a subpoena to all material witnesses examined for the state to appear and testify before the grand jury at the term to which the defendant is committed or bound to appear; and, after the hearing and commitment or binding over, the prosecutor may apply to the clerk of the superior court and obtain a subpoena for any person deemed by him to be a material witness for the state before the grand jury. The subpoenas issued under this Code section shall be effectual in compelling the attendance of the witnesses to appear and give evidence before the grand jury. The judicial officer holding the court of inquiry and the clerk of the superior court shall, on the first day of the term of court to which the defendant is committed or bound to appear, furnish the prosecuting officers with a complete list of all persons so subpoenaed.

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. 1873, p. 33, §§ 1, 2; Code 1873, § 3846; Code 1882, § 3846; Penal Code 1895, § 917; Penal Code 1910, § 942; Code 1933, § 27-413.

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 697; merge action: carried; file SHA-256 0b0d45f9c609.