O.C.G.A.

O.C.G.A. § 38-2-271 (2019)

Change of venue for persons indicted or subjected to civil action for performance of military duty

✓ 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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Any civil officer, officer, or member of the militia or any person lawfully aiding him in the performance of any military duty required under this chapter, if subjected to a criminal charge or civil action for

MILITARY, EMERG. & VET. AFFAIRS any crime or trespass or for injury to person or property which occurred while endeavoring to perform such duty, shall have the right, and it is made the duty of the court in which the indictment, accusation, or action is pending upon the application of any person thus defending, to transfer the trial of the indictment, accusation, or action to some county other than that in which the indictment or accusation was found or the injury done. The transfer shall be made to any county that may be agreed upon by the prosecuting attorney and the defendant or his counsel in case of a criminal charge or by the parties and their counsel in case of a civil action. If a county is not thus agreed upon, the judge shall select a county as in his judgment will afford a fair and impartial jury to try the case and have it transferred accordingly.

History

Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1404; Ga. L. 1951, p. 311, § 24; Ga. L. 1955, p. 10, § 79; Ga. L. 1982, p. 3, § 38.

Annotations

Cross references. - Change of venue

generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VII. Change of venue in civil actions, § 9-10-50 et seq. Change of venue in criminal actions, § 17-7-150.

RESEARCH REFERENCES C.J.S. - 6 C.J.S., Armed Services, § 347.