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2018 Georgia Code 17-8-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-8-34 Case Law from Google Scholar Amendments to OCGA 17-8-34

TITLE 17 CRIMINAL PROCEDURE

Section 8. Trial, 17-8-1 through 17-8-76.

ARTICLE 2 CONTINUANCES

17-8-34. Granting of continuances in cases returned by appellate court for trial.

When a case is sent back for trial to a superior, state, or city court by the Supreme Court or Court of Appeals, the case shall be in order for trial; and, if the continuances of either party are exhausted, the trial court may grant one continuance to the party, as the ends of justice may require.

(Ga. L. 1851-52, p. 214, § 6; Code 1863, § 3456; Code 1868, § 3476; Code 1873, § 3527; Code 1882, § 3527; Civil Code 1895, § 5134; Civil Code 1910, § 5720; Code 1933, § 81-1415.)

Cross references.

- Trial of cases returned for new trial by appellate courts generally, § 5-5-49.

Corresponding provision relating to civil procedure, § 9-10-162.

Cases Citing O.C.G.A. § 17-8-34

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Henry v. James, 264 Ga. 527 (Ga. 1994).

Cited 23 times | Published | Supreme Court of Georgia | Oct 11, 1994 | 449 S.E.2d 79, 94 Fulton County D. Rep. 3256

...See also OCGA § 5-6-10 ("The decision of the appellate court and any direction awarded in the case shall be certified by the clerk to the court below. . . . The decision and direction shall be respected and carried into full effect in good faith by the court below") and OCGA § 17-8-34 ("When a case is sent back for trial to a [lower] court by the Supreme Court of Court of Appeals, the case shall be in order for trial ....