O.C.G.A.
O.C.G.A.

O.C.G.A. § 17-8-28 (2019)

Witness in attendance at General Assembly as grounds for granting continuance

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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(a) Any person summoned to serve as a witness in a criminal case shall be excused by the judge from attendance at the court by reason of his attendance as a legislator at the General Assembly.

(b) In all criminal cases, it shall be the duty of the presiding judge, on motion of either the state or the defendant, to continue the case when it appears that a material witness is absent from the court by reason of his attendance at the General Assembly.

History

Ga. L. 1905, p. 93, § 3; Civil Code 1910, § 5712; Penal Code 1910, § 988; Code 1933, §§ 27-2003, 81-1407.

Annotations

Cross references. - Corresponding provision relating to civil procedure, § 9-10-159.

RESEARCH REFERENCES C.J.S. - 17 C.J.S., Continuances, § 59. ALR. - Right to continuance to procure witness to alibi, 41 A.L.R. 1530.