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2018 Georgia Code 17-13-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-13-5 Case Law from Google Scholar Amendments to OCGA 17-13-5

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 1 GENERAL PROVISIONS

17-13-5. Execution of warrants for arrest of fugitives from justice.

When the Governor or other officer issues a warrant of arrest, it is the duty of the sheriffs, their deputies, coroners, and constables to execute it when placed in their hands.

(Orig. Code 1863, § 64; Code 1868, § 60; Code 1873, § 57; Code 1882, § 57; Penal Code 1895, § 1274; Penal Code 1910, § 1356; Code 1933, § 44-305.)

JUDICIAL DECISIONS

In habeas corpus case, burden is on petitioner to show why extradition warrant should not be executed.

- When, in the trial of a habeas corpus case, it appears that the respondent is holding the petitioner in custody under an executive warrant based upon an extradition proceeding, and the warrant is regular on the warrant's face, the burden is cast upon the petitioner to show some valid and sufficient reason why the warrant should not be executed since there is a presumption that the Governor complied with the Constitution and law, and this presumption continues until the contrary appears. Baldwin v. Grimes, 216 Ga. 390, 116 S.E.2d 207 (1960).

Cited in Scheinfain v. Aldredge, 191 Ga. 479, 12 S.E.2d 868 (1940); Hart v. Mount, 196 Ga. 452, 26 S.E.2d 453 (1943).

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