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Call Now: 904-383-7448All judges of all municipal courts in this state shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state.
(Ga. L. 1935, p. 458, § 1; Ga. L. 1983, p. 884, § 3-26; Ga. L. 1987, p. 3, § 36.)
- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1880-81, p. 176, are included in the annotations for this Code section.
- Recorder is ex officio a justice of the peace (now magistrate) for the purpose of committing the defendant for state offenses disclosed in investigations made in the police court. Smith v. City of Atlanta, 5 Ga. App. 492, 63 S.E. 569 (1909) (decided under Ga. L. 1880-81, p. 176).
Cited in Savannah News-Press, Inc. v. Harley, 100 Ga. App. 387, 111 S.E.2d 259 (1959); Hall v. State, 113 Ga. App. 587, 149 S.E.2d 175 (1966); Pass v. State, 227 Ga. 730, 182 S.E.2d 779 (1971); Richards v. State, 131 Ga. App. 362, 206 S.E.2d 93 (1974); Branch v. State, 248 Ga. 300, 282 S.E.2d 894 (1981); Focus Entm't Int'l, Inc. v. Bailey, 256 Ga. App. 283, 568 S.E.2d 183 (2002).
Mayor of a city has no right to try a case involving a state offense, when the defendant is caught within the city limits, in a county which has a superior court but does not have a city court. 1958-59 Op. Att'y Gen. p. 216.
- Under former Code 1933, § 27-102 (see O.C.G.A. § 17-4-40), the power of ex officio justices of the peace (now magistrates) includes the authority to issue warrants for the arrest of offenders against the penal laws of this state. 1960-61 Op. Att'y Gen. p. 96.
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