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2018 Georgia Code 38-2-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-2-7 Case Law from Google Scholar Amendments to OCGA 38-2-7

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 1 STATE MILITIA GENERALLY

38-2-7. Declaration of martial rule; area encompassed specifically designated.

Whenever any portion of the organized militia is employed pursuant to Code Section 38-2-6, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may declare by proclamation the area in which the troops are serving, or any specified portion thereof, to be under martial rule. The proclamation shall define the area which is under martial rule.

(Ga. L. 1955, p. 10, § 8.)

JUDICIAL DECISIONS

Martial law does not deprive state courts of criminal jurisdiction.

- Mere existence of martial law in a certain area does not necessarily deprive the state courts of jurisdiction of all crimes committed against the state law in that area. Welch v. State, 53 Ga. App. 255, 185 S.E. 390 (1936).

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, § 170, 172 et seq.

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