O.C.G.A.

O.C.G.A. § 17-13-26 (2019)

Investigation of case upon receipt of demand for extradition

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

Ga. L. 1951, p. 726, § 4.

Annotations

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). 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.