O.C.G.A.

O.C.G.A. § 17-7-190 (2019)

Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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When any person accused of a criminal offense before a court of inquiry is bound over or committed for trial in superior court, the judicial officer holding the court of inquiry shall, at the time of the commitment hearing, give a subpoena to all material witnesses examined for the state to appear and testify before the grand jury at the term to which the defendant is committed or bound to appear; and, after the hearing and commitment or binding over, the prosecutor may apply to the clerk of the superior court and obtain a subpoena for any person deemed by him to be a material witness for the state before the grand jury. The subpoenas issued under this Code section shall be effectual in compelling the attendance of the witnesses to appear and give evidence before the grand jury. The judicial officer holding the court of inquiry and the clerk of the superior court shall, on the first day of the term of court to which the defendant is committed or bound to appear, furnish the prosecuting officers with a complete list of all persons so subpoenaed.

History

Ga. L. 1873, p. 33, §§ 1, 2; Code 1873, § 3846; Code 1882, § 3846;

Penal Code 1895, § 917; Penal Code 1910, § 942; Code 1933, § 27-413.

Annotations

RESEARCH REFERENCES ALR. - Adverse presumption or inference based on state’s failure to produce or

examine law enforcement personnel - modern cases, 81 A.L.R.4th 872.

Notes of Decisions
Cited in 2 cases, 1989–1992 · leading case: Ambles v. State, 383 S.E.2d 555 (Ga. 1989).
Ambles v. State, 383 S.E.2d 555 (Ga. 1989). · cites it 2× “OCGA § 17-7-190. In this case the alleged victim has been found to be incompetent to testify.”
Zant v. Brantley, 411 S.E.2d 869 (Ga. 1992). · cites it 2× “, OCGA § 24-10-60, which authorizes an order from the judge of a court in which a proceeding is pending to issue an' order directed to the Board of Corrections requiring the delivery of a certain prisoner/ witness to the county of the issuing court; OCGA § 17-7-190, which…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.