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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 8. TRIAL · Article 2. CONTINUANCES

17-8-28. Witness in attendance at General Assembly as grounds for granting continuance.

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

  1. (a)

    Any person summoned to serve as a witness in a criminal case shall be excused by the judge from attendance at the court by reason of his attendance as a legislator at the General Assembly.#

  2. (b)

    In all criminal cases, it shall be the duty of the presiding judge, on motion of either the state or the defendant, to continue the case when it appears that a material witness is absent from the court by reason of his attendance at the General Assembly.#

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. 1905, p. 93, § 3; Civil Code 1910, § 5712; Penal Code 1910, § 988; Code 1933, §§ 27-2003, 81-1407.

Cross references

Corresponding provision relating to civil procedure, § 9-10-159.

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, pages 777 to 778; merge action: carried; file SHA-256 0b0d45f9c609.