O.C.G.A.

O.C.G.A. § 17-7-31 (2019)

Endorsement of names of state’s witnesses on warrant

✓ 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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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.

History

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

Annotations

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 in-

quiry 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, §§ 391 et seq., 548 et seq. 38 Am. Jur. 2d, Grand Jury, § 46 et seq. C.J.S. - 22A C.J.S., Criminal Procedure and Rights of the Accused, § 488 et seq. 23 C.J.S., Criminal Procedure and Rights of the Accused, § 895 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.

Notes of Decisions
Cited in 1 case, 1989–1989 · leading case: Lewis v. Griffin, 376 S.E.2d 364 (Ga. 1989).
Lewis v. Griffin, 376 S.E.2d 364 (Ga. 1989). · cites it 4× “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.”
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.