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Call Now: 904-383-7448If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender as provided for in Code Section 17-13-36, but within a period not to exceed 60 days after the date of such new bond.
(Ga. L. 1951, p. 726, § 17.)
- 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).
- 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).
Cited in Bearden v. State, 223 Ga. 381, 155 S.E.2d 5 (1967); Ward v. Jarvis, 240 Ga. 668, 242 S.E.2d 134 (1978); Powell v. Brown, 281 Ga. 609, 641 S.E.2d 519 (2007).
- 31A Am. Jur. 2d, Extradition, §§ 51, 57 et seq.
- 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95.
- Uniform Criminal Extradition Act (U.L.A.) § 17.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2007-01-22
Citation: 641 S.E.2d 519, 281 Ga. 609, 2007 Fulton County D. Rep. 188, 2007 Ga. LEXIS 31
Snippet: be extended for an additional 60 days. OCGA § 17-13-37. The statutory process set out above contemplates