TITLE 17
CRIMINAL PROCEDURE
ARTICLE 2
CONTINUANCES
17-8-28. Grounds for granting of continuances - Witness in attendance at General Assembly.
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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.
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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.
(Ga. L. 1905, p. 93, § 3; Civil Code 1910, § 5712; Penal Code 1910, § 988; Code 1933, §§ 27-2003, 81-1407.)
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.