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2018 Georgia Code 17-13-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-13-4 Case Law from Google Scholar Amendments to OCGA 17-13-4

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 1 GENERAL PROVISIONS

17-13-4. Arrest and delivery to authorities of fugitive from foreign country.

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.

(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.)

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- Paroled convict whose parole has been revoked because of a violation of the conditions of parole may be extradited from one state to another on the ground that the convict is a convict whose sentence has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.

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