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2018 Georgia Code 17-13-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-13-1 Case Law from Google Scholar Amendments to OCGA 17-13-1

TITLE 17 CRIMINAL PROCEDURE

Section 13. Criminal Extradition, 17-13-1 through 17-13-49.

ARTICLE 1 GENERAL PROVISIONS

17-13-1. Requirements as to applications for requisitions for extradition of fugitives from justice of this state.

In addition to rules adopted by the Governor, the following rules shall be observed as a condition precedent to obtaining a requisition by him for the extradition of any fugitive from the justice of this state:

  1. The application for a requisition shall be made to the Governor by a district attorney, prosecuting attorney of a state court, judge of a city or state court, or the mayor of any municipal corporation of this state and must show the full name of the fugitive for whom extradition is asked, the crime charged, the state or territory to which he has fled, the full name of the person suggested to act as agent of this state to receive and convey the fugitive to this state, the agent in no case to be the prosecutor; but the Governor may, in his discretion, appoint some other suitable person as agent of this state to receive and convey the fugitive. The application must also show that the ends of public justice require that the fugitive shall be brought back to this state for trial and that the requisition is not wanted for the purpose of enforcing the collection of a debt or for any private purpose whatever but solely for the purpose of a criminal prosecution as provided by law;
  2. The application shall be accompanied by the affidavit of the prosecutor, if any, stating that the requisition is wanted for the sole purpose of punishing the accused and not in any way to collect a debt or money or to enforce the payment thereof;
  3. If the fugitive has been indicted, two certified copies of the indictment or presentment shall be forwarded to the Governor with the application; and
  4. If no indictment has been preferred and an affidavit is the basis of the requisition, the affidavit shall describe the crime committed, with all the particularity required in an indictment, and two certified copies of the affidavit shall accompany the petition for the requisition.

(Ga. L. 1884-85, p. 141, § 1; Penal Code 1895, § 1275; Penal Code 1910, § 1357; Code 1933, § 44-101; Ga. L. 1983, p. 884, § 3-22.)

JUDICIAL DECISIONS

Standard of review for asylum state.

- Court considering release on habeas corpus can do no more than decide whether extradition documents on their face are in order, whether petitioner has been charged with a crime in the demanding state, whether the petitioner is the person named in the request for extradition, and whether the petitioner is a fugitive. The court may not look beyond the demanding state's charges to determine if the extradition request was a pretext to enable that state to commit the petitioner civilly. Oliver v. Barrett, 269 Ga. 512, 500 S.E.2d 908 (1998).

Cited in Dobbs v. Anderson, 170 Ga. 826, 154 S.E. 342 (1930); Brown v. State, 243 Ga. App. 430, 533 S.E.2d 453 (2000).

RESEARCH REFERENCES

ALR.

- Extradition: mission or motive of defendant in going to asylum state as affecting right to extradite him, 13 A.L.R. 415.

One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 32 A.L.R. 1167; 54 A.L.R. 281.

Motive or ulterior purpose of officials demanding or granting extradition as proper subject of inquiry, 94 A.L.R. 1493.

Constitutionality, construction, and application of statute authorizing extradition of one who commits an act within the state or a third state resulting in a crime in the demanding state, 151 A.L.R. 239.

Determination, in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 40 A.L.R.2d 1151.

Cases Citing Georgia Code 17-13-1 From Courtlistener.com

Total Results: 1

Oliver v. Barrett

Court: Supreme Court of Georgia | Date Filed: 1998-06-01

Citation: 500 S.E.2d 908, 269 Ga. 512

Snippet: 252 S.E.2d 453 (1979). Thus, even though OCGA § 17-13-1(1) requires that extradition to the demanding state