O.C.G.A.

O.C.G.A. § 17-13-4 (2019)

Arrest and delivery to authorities of fugitive from foreign country

✓ 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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Whenever a fugitive from justice from a foreign country is found within this state, and by the treaty stipulations of the United States the person is to be surrendered to the authorities of the foreign country upon requisition from the proper officers, the Governor, by his warrant, shall cause him to be arrested and delivered over to such authorities.

History

Orig. Code 1863, § 60; Code 1868, § 56; Code 1873, § 53; Code 1882,

§ 53; Penal Code 1895, § 1270; Penal Code 1910, § 1352; Code 1933, § 44-301.

Annotations

JUDICIAL DECISIONS Person who goes from one state to another before serving full sentence. - If a person is convicted of a felony committed by that person in one state, and the person goes into another state, whether voluntarily or involuntarily, before serving the full term for which the person was sentenced, the person thereby becomes a fugitive from justice. Brown v. Lowry, 185 Ga. 539, 195 S.E. 759 (1937); Frazier v. Grimes, 221 Ga. 375, 145 S.E.2d 39 (1965). If a person is convicted of a felony committed by that person in one state, and the person goes into another state, whether voluntarily or involuntarily, before serving the full term for which the person was

sentenced, the person thereby becomes a fugitive from justice within the meaning of U.S. Const., Art. IV, Sec. II. King v. Mount, 196 Ga. 461, 26 S.E.2d 419 (1943). Extradition of convict whose parole revoked. - Paroled convict whose parole has been revoked because of a violation of the conditions of parole may be extradited from one state to another on the ground that the convict is a convict whose sentence has not expired and who therefore is charged with a crime. Frazier v. Grimes, 221 Ga. 375, 145 S.E.2d 39 (1965). Cited in Dobbs v. Anderson, 170 Ga. 826, 154 S.E. 342 (1930).

RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, §§ 62, 85 et seq.

C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, § 52 et seq.