Official Code of Georgia Annotated

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

9-14-17. Discharge for defect in affidavit, warrant, or commitment.

Active

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

If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his detention, he shall not be discharged for any defect in the affidavit, warrant, or commitment until a reasonable time has been given to the prosecutor to remedy the defect by a new proceeding.

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

Laws 1808, Cobb’s 1851 Digest, p. 856; Code 1863, § 3926; Code 1868, § 3949; Code 1873, § 4025; Code 1882, § 4025; Penal Code 1895, § 1227; Penal Code 1910, § 1308; Code 1933, § 50-117.

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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 342; merge action: carried; file SHA-256 c88496cf9e57.