Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

O.C.G.A. § 17-13-24 — Extradition of person imprisoned or awaiting trial in another state or who has left the demanding state under compulsion | Georgia Code

O.C.G.A. § 17-13-24 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 UNIFORM CRIMINAL EXTRADITION ACT

17-13-24. Extradition of person imprisoned or awaiting trial in another state or who has left the demanding state under compulsion.

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or of his term of sentence in the other state, upon condition that the person be returned to the other state, at the expense of this state, as soon as the prosecution in this state is terminated.
The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state who is charged in the manner provided in Code Section 17-13-43 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.

(Ga. L. 1951, p. 726, § 5; Ga. L. 1955, p. 587, § 3.)

JUDICIAL DECISIONS

Sufficiency of supporting documents is always open to judicial inquiry.

- Question as to whether or not the extradition warrant under which an alleged fugitive from justice is held is supported by documents from the demanding state legally sufficient to authorize the person's extradition is always open to judicial inquiry in a habeas corpus proceeding. Brown v. Grimes, 214 Ga. 388, 104 S.E.2d 907 (1958).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extradition, §§ 24, 143.

C.J.S.

- 35 C.J.S. (Rev), Extradition and Detainers, § 18.

U.L.A.

- Uniform Criminal Extradition Act (U.L.A.) § 5.

ALR.

- Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.