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2018 Georgia Code 17-13-26 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 UNIFORM CRIMINAL EXTRADITION ACT

17-13-26. Investigation of case upon receipt of demand for extradition.

When a demand for the surrender of a person charged with a crime shall be made upon the Governor of this state by the executive authority of another state, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, to report to him the situation and circumstances of the person so demanded, and to advise whether he ought to be surrendered.

(Ga. L. 1951, p. 726, § 4.)

JUDICIAL DECISIONS

Extradition hearings need not be personally conducted by the Governor so long as the final decision is personally made by the Governor. Hooten v. State, 245 Ga. 250, 264 S.E.2d 192, cert. denied, 446 U.S. 942, 100 S. Ct. 2168, 64 L. Ed. 2d 797 (1980).

Section not exclusive means for obtaining information.

- While the Governor's executive counsel is not expressly included under this section, that provision is not the exclusive means available to the Governor to obtain information regarding extradition. Lively v. Fulcher, 244 Ga. 771, 262 S.E.2d 93 (1979).

Cited in Lively v. Fulcher, 244 Ga. 771, 262 S.E.2d 93 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extradition, §§ 90, 96, 97.

C.J.S.

- 35 C.J.S. (Rev), Extradition and Detainers, § 40.

U.L.A.

- Uniform Criminal Extradition Act (U.L.A.) § 4.

Cases Citing Georgia Code 17-13-26 From Courtlistener.com

Total Results: 1

Hobbs v. Sheffield

Court: Supreme Court of Georgia | Date Filed: 1891-07-08

Citation: 87 Ga. 455, 13 S.E. 686, 1891 Ga. LEXIS 190

Snippet: amount of his indebtedness; and it,amounted to $17,013 26. He has not bought since that time more than $2