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2018 Georgia Code 17-4-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 17-4-42 Case Law from Google Scholar Amendments to OCGA 17-4-42

TITLE 17 CRIMINAL PROCEDURE

Section 4. Arrest of Persons, 17-4-1 through 17-4-62.

ARTICLE 3 WARRANTS FOR ARREST

17-4-42. 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.

(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.)

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, 10, 12, 13, 20, 23 et seq.

C.J.S.

- 22 C.J.S., Criminal Law, § 447.

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