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2018 Georgia Code 17-7-31 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-7-31 Case Law from Google Scholar Amendments to OCGA 17-7-31

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 COMMITMENT HEARINGS

17-7-31. Endorsement of names of state's witnesses on warrant.

Whenever any judicial officer sitting as a court of inquiry binds over a defendant to appear at an appropriate court to answer any charge, it shall be the duty of the judicial officer to write on the warrant the names of each witness for the state who appeared at the commitment hearing.

(Ga. L. 1873, p. 31, § 1; Code 1873, § 4737; Code 1882, § 4737; Penal Code 1895, § 916; Penal Code 1910, § 941; Code 1933, § 27-412.)

Cross references.

- Right of accused to obtain list of witnesses on whose testimony the charge against the accused is founded, Ga. Const. 1983, Art. I, Sec. I, Para. XIV.

OPINIONS OF THE ATTORNEY GENERAL

Authority of justice of the peace to subpoena witnesses.

- Justice of the peace is not authorized to issue subpoenas to material witnesses after a court of inquiry has been held and the accused bound over or committed to trial in the superior court. 1952-53 Op. Att'y Gen. p. 312.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 397, 562, 563. 38 Am. Jur. 2d, Grand Jury, §§ 48, 52.

C.J.S.

- 22 C.J.S., Criminal Law, § 473 et seq. 98 C.J.S. (Rev), Witnesses, §§ 2 et seq., 20 et seq.

ALR.

- Refusal to answer questions before state grand jury as direct contempt of court, 69 A.L.R.3d 501.

Validity and construction of statutes permitting grand jury witnesses to be accompanied by counsel, 90 A.L.R.3d 1340.

Cases Citing O.C.G.A. § 17-7-31

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Lewis v. Griffin, 376 S.E.2d 364 (Ga. 1989).

Cited 5 times | Published | Supreme Court of Georgia | Feb 23, 1989 | 258 Ga. 887

...Under OCGA § 42-5-52 (d), the Department of Corrections may transfer a mentally-ill petitioner to the custody of the Department of Human Resources until his sanity is restored, and then have him returned to the Department of Corrections for completion of his sentence. [4] In addition, OCGA § 17-7-31 provides for treatment of those found guilty but mentally ill or retarded under rules and regulations of the Department of Corrections in cooperation with the Department of Human Resources....
...That does not mean, however, that the Mental Health Act does not apply to prisoners. While all of the provisions of the act are not applicable, whatever rights a prisoner has to be treated, voluntarily, for his mental illness entitle him to some of the benefits of the Act. [5] OCGA § 17-7-31 (g) (2) provides that a prisoner incarcerated after being found guilty but mentally ill or guilty but mentally retarded should be "treated, within the limit of state funds appropriated therefor, in such manner as is psychiatrically indicat...