O.C.G.A.

O.C.G.A. § 17-7-26 (2019)

Authority to require bonds to secure appearance of witnesses

✓ 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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In the event of a commitment of the accused person, the court, in its discretion, may require the witnesses, on behalf of the state or others, to give suitable bonds to secure their appearance at court, with or without sureties, as the circumstances seem to demand.

History

Orig. Code 1863, § 4616; Code 1868, § 4638; Code 1873, § 4735; Code 1882, § 4735; Penal Code 1895, § 915; Penal Code 1910, § 940; Code 1933, § 27-410.

Annotations

Cross references. - Posting of cash bonds generally, § 17-6-4.

JUDICIAL DECISIONS When power to be exercised. - This power which existed in the courts at common law, being harsh and oppressive, should never be resorted to except in extreme cases. It is a matter, however, rest-

ing in the sound discretion of the court. Crosby v. Potts, 8 Ga. App. 463, 69 S.E. 582 (1910). Cited in Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).

RESEARCH REFERENCES Am. Jur. 2d. - 21 Am. Jur. 2d, Criminal Law, § 554. C.J.S. - 8 C.J.S., Bail; Release and

Detention Pending Proceedings, §§ 2 et seq., 170.

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).

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Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002). “In criminal cases, state courts may require witnesses to post bonds to ensure their appearance, O.C.G.A. § 17-7-26, and the sheriff *1315 is responsible for accepting bonds and ensuring that they come from a bonding company approved by the sheriff.”

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.