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2018 Georgia Code 17-13-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-13-43 Case Law from Google Scholar Amendments to OCGA 17-13-43

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 UNIFORM CRIMINAL EXTRADITION ACT

17-13-43. Application for issuance of demand.

  1. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor his written application, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstance of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
  2. When the return to this state is required of a person who has been convicted of a crime in this state and who has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the State Board of Pardons and Paroles, or the warden of the institution or sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of such person. The application shall state the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole and the state in which he is believed to be, including the location of the person therein at the time application is made.
  3. The application shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of the indictment returned, information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Governor, to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.

(Ga. L. 1951, p. 726, § 23; Ga. L. 1983, p. 649, § 4.)

JUDICIAL DECISIONS

Application of Governor and indictment adequate to require extradition.

- If an application of the Governor of Tennessee is accompanied by the indictment found against a person and that indictment substantially charges the person with having committed crimes in Tennessee, the application for extradition adequately describes the circumstances of the commission of the crimes charged so the trial court does not err in denying habeas relief to the person. Grubbs v. Stynchcombe, 251 Ga. 39, 302 S.E.2d 552 (1983).

Indictment from foreign jurisdiction sufficient to indicate circumstances of crime's committal.

- Indictment from another state substantially charging the person demanded with having committed a crime under the law of the foreign state, as required by O.C.G.A. § 17-13-23, sufficiently describes the "circumstance of its committal" as required by the Uniform Criminal Extradition Act, O.C.G.A. § 17-13-20 et seq. Grubbs v. Stynchcombe, 251 Ga. 39, 302 S.E.2d 552 (1983).

Issues on habeas corpus.

- Issues of whether the person is a fugitive and whether there is a proper demand for extradition are proper subjects of judicial inquiry in a hearing on a writ of habeas corpus following arrest and detention on an executive warrant for extradition. DeBusschere v. Rutledge, 229 Ga. 128, 189 S.E.2d 397 (1972).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extradition, § 67.

C.J.S.

- 35 C.J.S. (Rev), Extradition and Detainers, § 19 et seq.

U.L.A.

- Uniform Criminal Extradition Act (U.L.A.) § 23.

ALR.

- Necessity and sufficiency of identification of accused as the person charged, to warrant extradition, 93 A.L.R.2d 912.

Cases Citing Georgia Code 17-13-43 From Courtlistener.com

Total Results: 1

Grubbs v. Stynchcombe

Court: Supreme Court of Georgia | Date Filed: 1983-05-12

Citation: 251 Ga. 39, 302 S.E.2d 552

Snippet: 40-9-123, is substantially identical to OCGA § 17-13-43 (a) (Code Ann. § 44-423). Both are taken from