If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Code Section 17-13-25, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding 30 days and which time must be specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail, as provided in Code Section 17-13-36, or until he shall be legally discharged.

JUDICIAL DECISIONS

Purpose.

- Purpose of Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 -17-13-37) of the extradition law is to prevent unreasonably lengthy periods of confinement of fugitives pending consummation of extradition proceedings by the demanding state. There is, however, no indication of any legislative intent to restrict the period within which the Governor of another state may issue a rendition warrant to the period within which the court which issues the fugitive warrant may commit the accused or require the accused to give bond. Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978).

Section limits confinement pending extradition only.

- Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 -17-13-37) only limit the time during which one arrested as a fugitive may be kept in jail or on bail in lieu thereof, pending the completion of extradition proceedings and the issuance of the Governor's arrest warrant. Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978).

Procedure on arrest without warrant.

- If a person is arrested as a fugitive from justice without a warrant, the person must be carried, without delay, before the most convenient officer qualified to receive an affidavit and issue a warrant. Lavina v. State, 63 Ga. 513 (1879).

Cited in Bearden v. State, 223 Ga. 381, 155 S.E.2d 5 (1967); Mitchell v. Dodd, 238 Ga. 638, 235 S.E.2d 15 (1977); Powell v. Brown, 281 Ga. 609, 641 S.E.2d 519 (2007).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extradition, §§ 59, 60.

C.J.S.

- 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.

U.L.A.

- Uniform Criminal Extradition Act (U.L.A.) § 15.

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2018 Georgia Code 17-13-35 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 UNIFORM CRIMINAL EXTRADITION ACT

17-13-35. Commitment of person accused of crime in another state to county jail pending receipt of demand from other state generally.