Any citizen may procure arrest warrant.

- Procurement of an arrest warrant is not peculiar to the official duties of a peace officer. Any private citizen may do so and the procedure followed is the same. Cleland v. U.S. Fid. & Guar. Ins. Co., 99 Ga. App. 130, 107 S.E.2d 904 (1959).

Mistake in citation of statute was irrelevant.

- Affidavit given in support of an arrest warrant for the defendant contained all of the required information and was valid; the fact that the affidavit mis-cited the statute that the defendant was accused of violating was irrelevant. Golden v. State, 299 Ga. App. 407, 683 S.E.2d 618 (2009), cert. denied, No. S09C1904, 2010 Ga. LEXIS 56 (Ga.); cert. denied, 560 U.S. 941, 130 S. Ct. 3358, 176 L. Ed. 2d 1250 (2010).

Cited in Dodson v. Grimes, 220 Ga. 269, 138 S.E.2d 311 (1964); Lovett v. State, 111 Ga. App. 295, 141 S.E.2d 595 (1965); Hutto v. State, 116 Ga. App. 140, 156 S.E.2d 498 (1967); Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Roth v. Carey, 159 Ga. App. 165, 282 S.E.2d 918 (1981).

Complete statutory information required on affidavits and warrants.

- This section omits the "substantial compliance" language formerly used and, hence, requires compliance of affidavits and warrants with the statutory standard of required information. Lowe v. Turner, 115 Ga. App. 503, 154 S.E.2d 792 (1967).

Only information required on affidavit for warrant.

- In procuring an arrest warrant, this section required an affidavit containing information as to the offense committed, the county in which committed, the time committed and, when relevant, the person against whom the offense was committed. Nicholson v. United States, 355 F.2d 80 (5th Cir.), cert. denied, 384 U.S. 974, 86 S. Ct. 1866, 16 L. Ed. 2d 684 (1966).

All that is required for issuance of an arrest warrant is an affidavit stating the offense; the time, date and place of occurrence of the offense; the person against whom such offense was committed; and a statement describing the offense, or offenses. Davis v. State, 155 Ga. App. 511, 271 S.E.2d 648 (1980).

Arrest legal when affidavit meets statutory requirements.

- When affidavit serving as basis for arrest warrant issued against the defendant satisfies statutory requirements of O.C.G.A. §§ 17-4-41 and17-4-45, arrest is not illegal and confessions obtained as the product of such affidavit and arrest are not tainted evidence. Hammond v. State, 157 Ga. App. 647, 278 S.E.2d 188 (1981).

Standard accusation form sufficient with affidavit for arrest.

- Standard printed affidavit and accusation form, accompanied by a previously prepared affidavit for arrest, is legally sufficient. Faulkner v. State, 146 Ga. App. 604, 247 S.E.2d 147 (1978).

Arrest affidavit on record.

- Standard printed affidavit and accusation form is insufficient when no affidavit for arrest is included in the record. Faulkner v. State, 146 Ga. App. 604, 247 S.E.2d 147 (1978).

Affidavit not specifying crime insufficient.

- Accusation supported only by an affidavit charging the commission of a "misdemeanor" and not naming the specific offense is legally insufficient. Faulkner v. State, 146 Ga. App. 604, 247 S.E.2d 147 (1978).

Probable cause is not required for issuance of arrest warrant. Davis v. State, 155 Ga. App. 511, 271 S.E.2d 648 (1980).

Georgia law imposes no requirements for probable cause evidentiary facts in the affidavits; insofar as the Fourth Amendment to the United States Constitution imposes a requirement of probable cause, a determination as to such prerequisite may be made based upon oral testimony independent of written information contained in an affidavit. Ayers v. State, 181 Ga. App. 244, 351 S.E.2d 692 (1986).

Affidavit for warrant sufficient although founded on belief.

- Affidavit made to secure the issuance of a warrant for the arrest of an offender against the penal laws is sufficient when the affidavit is founded on knowledge or belief. Dobbs v. Anderson, 170 Ga. 826, 154 S.E. 342 (1930).

If positive evidence, no grounds for release of prisoner.

- If the affidavit is positive on its face, it is no ground for discharge of the prisoner that evidence shows that the affidavit was founded on information and belief, especially when evidence of a positive character tends to establish the guilt of the prisoner. Dobbs v. Anderson, 170 Ga. 826, 154 S.E. 342 (1930).

Affidavit not sworn before officer authorized to administer oath is void. Thorpe v. Wray, 68 Ga. 359 (1882) ; Cox v. Perkins, 151 Ga. 632, 107 S.E. 863, 16 A.L.R. 918 (1921).

Subornation of perjury could be predicated upon the affidavit prescribed by this section. Herring v. State, 119 Ga. 709, 46 S.E. 876 (1904).

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 17, 19.

C.J.S.

- 22 C.J.S., Criminal Law, § 441 et seq.