Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 14. HABEAS CORPUS · Article 1. GENERAL PROVISIONS

9-14-16. When person not to be discharged.

Active

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

No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases:
(1)
When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;#
(2)
By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;#
(3)
For want of bond to prosecute;#
(4)
When the person is imprisoned under a bench warrant which is regular upon its face;#
(5)
By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;#
(6)
When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or#
(7)
In any other case in which it appears that the detention is authorized by law.#

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

Orig. Code 1863, § 3924; Code 1868, § 3947; Code 1873, § 4023; Code 1882, § 4023; Penal Code 1895, § 1224; Penal Code 1910, § 1305; Code 1933, § 50-116.

Cross references

For further provisions regarding discharge on writ of habeas corpus because of informality in the commitment or the proceedings prior thereto, see § 17-7-34.

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 T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 334; merge action: carried; file SHA-256 c88496cf9e57.