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O.C.G.A. § 17-7-151 — Transfer upon change of venue of evidence, list of witnesses, and papers; issuance of subpoenas to witnesses and others by clerk of court selected to try case | Georgia Code

O.C.G.A. § 17-7-151 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

Section 7. Pretrial Proceedings, 17-7-1 through 17-7-211.

ARTICLE 6 DEMURRERS, MOTIONS, AND SPECIAL PLEAS AND EXCEPTIONS

17-7-151. Transfer upon change of venue of evidence, list of witnesses, and papers; issuance of subpoenas to witnesses and others by clerk of court selected to try case.

Whenever a change of venue is made, the clerk of the court from which the case has been transferred shall send to the court to which the case has been transferred a transcript of the order for the change of venue, the evidence before the court of inquiry, a list of all the witnesses subpoenaed in the case, and all other papers connected with the case. The clerk of the court selected to try the case shall issue subpoenas to the witnesses and such others as may be applied for by either party.

(Ga. L. 1895, p. 70, § 4; Penal Code 1895, § 940; Penal Code 1910, § 965; Code 1933, § 27-1202; Code 1933, § 27-1203, enacted by Ga. L. 1972, p. 536, § 1.)

Cross references.

- Transfer of prisoner upon change of venue, § 42-4-11.

U.S. Code.

- Transfer of trials, Federal Rules of Criminal Procedure, Rule 21(c).

JUDICIAL DECISIONS

Sending of copies of order to court acquiring venue.

- Certified copy of the order granting the change of venue may be sent to the county acquiring venue, but other papers transmitted must be the originals. Graham v. State, 143 Ga. 440, 85 S.E. 328, 1917A Ann. Cas. 595 (1915).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 541 et seq.

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