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2018 Georgia Code 17-11-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-11-5 Case Law from Google Scholar Amendments to OCGA 17-11-5

TITLE 17 CRIMINAL PROCEDURE

Section 11. Assessment and Payment of Costs of Criminal Proceedings, 17-11-1 through 17-11-24.

ARTICLE 1 GENERAL PROVISIONS

17-11-5. Payment of costs and expenses when venue changed.

  1. When the venue in a case is changed, the whole costs of the case, jail fees of the person to be tried, and expenses of the trial in the county to which it was transferred shall be paid by the county from which the case was removed.
  2. The entire court costs, including the costs of the sheriff, bailiff, clerks, and jurors, shall also be paid by the county from which the case was removed and shall have the same priority as jail fees. The county in which the case is tried shall be reimbursed after paying the court costs incurred.

(Ga. L. 1871-72, p. 49, § 1; Code 1873, § 4689; Code 1882, § 4689; Ga. L. 1895, p. 70, § 4; Penal Code 1895, § 1083; Penal Code 1910, § 1110; Code 1933, § 27-2806.)

JUDICIAL DECISIONS

Cited in Johnston v. State, 118 Ga. 310, 45 S.E. 381 (1903); Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938).

OPINIONS OF THE ATTORNEY GENERAL

Costs to be paid from general funds of the county.

- Under former Code 1933, § 27-2806 and Ga. L. 1950, p. 175, § 1 (see O.C.G.A. § 17-11-5), costs in criminal cases transferred to another county on a change of venue should be paid out of the general funds of the county. 1958-59 Op. Att'y Gen. p. 46.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 510 et seq., 541 et seq.

C.J.S.

- 22 C.J.S., Criminal Law, § 237 et seq.

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