O.C.G.A. § 17-4-42 (2019)
Issuance of special warrants for arrest; treatment of special warrants as general arrest warrants
No judicial officer except a judge of the superior court shall issue a special warrant for arrest returnable only before himself; nor shall any superior court judge issue such warrant outside of his own judicial circuit. If issued outside the judicial circuit, the warrant shall be treated as a general arrest warrant.
History
Orig. Code 1863, § 4598; Code 1868, § 4620; Code 1873, § 4717; Code 1882, § 4717; Penal Code 1895,
§ 886; Penal Code 1910, § 907; Code 1933, § 27-106.
Annotations
JUDICIAL DECISIONS Justice of the peace cannot issue a special warrant. Ormond v. Ball, 120 Ga. 916, 48 S.E. 383 (1904).
Cited in Rhodes v. Pearce, 189 Ga. 623, 7 S.E.2d 251 (1940).
OPINIONS OF THE ATTORNEY GENERAL Justice of peace cannot order commitment hearing when arresting officer sets bond. - Since a justice of the peace cannot issue a special warrant for arrest returnable only to the justice, it
follows that the justice cannot order a commitment hearing when the arresting officer has purported to personally set the bond. 1970 Op. Att’y Gen. No. U70-152.
RESEARCH REFERENCES Am. Jur. 2d. - 5 Am. Jur. 2d, Arrest, §§ 8 et seq., 10 et seq., 20 et seq., 23 et seq.
C.J.S. - 22 C.J.S., Criminal Procedure and Rights of the Accused, § 185 et seq.