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O.C.G.A. § 17-7-29 — Commitment of defendant for different offense than stated in warrant | Georgia Code

O.C.G.A. § 17-7-29 (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 2 COMMITMENT HEARINGS

17-7-29. Commitment of defendant for different offense than stated in warrant.

A court of inquiry may commit the defendant for a different offense than that stated in the warrant if the evidence requires it.

(Orig. Code 1863, § 6422; Code 1868, § 4646; Code 1873, § 4744; Code 1882, § 4744; Penal Code 1895, § 913; Penal Code 1910, § 938; Code 1933, § 27-408.)

JUDICIAL DECISIONS

Determination of nature of crime.

- Nature of the crime in an indictment or accusation is to be determined from the description of the crime contained in the indictment or accusation; that is, from the acts alleged to have been committed which are contrary to the laws of the state. Wiley v. State, 124 Ga. App. 654, 185 S.E.2d 582 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 563, 564.

C.J.S.

- 22 C.J.S., Criminal Law, § 472 et seq.

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