---
title: O.C.G.A. § 9-14-16. When person not to be discharged.
collection: code
id: 9-14-16
cite_as: O.C.G.A. § 9-14-16 (2025)
canonical_url: https://georgiacommons.org/code/9-14-16
md_url: https://georgiacommons.org/code/9-14-16.md
text_url: https://georgiacommons.org/code/9-14-16/text
source_url: https://archive.org/download/gov.ga.ocga.2024/T09%20Ch12-16%20%28V7A%29%202015.pdf#page=334
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/9-14.md
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / HABEAS CORPUS / GENERAL PROVISIONS
---

# O.C.G.A. § 9-14-16. When person not to be discharged.

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.

## 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.