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2018 Georgia Code 17-7-190 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-7-190 Case Law from Google Scholar Amendments to OCGA 17-7-190

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 8 PROCEDURE FOR SECURING ATTENDANCE OF WITNESSES AT GRAND JURY OR TRIAL PROCEEDINGS

17-7-190. Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed.

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.

(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.)

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.

Cases Citing O.C.G.A. § 17-7-190

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Ambles v. State, 383 S.E.2d 555 (Ga. 1989).

Cited 75 times | Published | Supreme Court of Georgia | Sep 11, 1989 | 259 Ga. 406

...tion or nonprosecution of another"). In aid of the right to prosecute, the state has the corresponding right to compel the attendance of witnesses, including the victim, and to call those witnesses to testify about their knowledge of the crime. OCGA § 17-7-190....
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Zant v. Brantley, 261 Ga. 817 (Ga. 1992).

Cited 5 times | Published | Supreme Court of Georgia | Jan 16, 1992 | 411 S.E.2d 869

...See, e.g., 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 authorizes a court to subpoena all witnesses for the State before the grand jury, without limitation as to the residency of the witnesses; OCGA § 24-10-71, which permits a court to order reproduction of medical records for admissi...