O.C.G.A.

O.C.G.A. § 38-2-7 (2019)

Declaration of martial rule; area encompassed specifically designated

✓ 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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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.

History

Ga. L. 1955, p. 10, § 8.

Annotations

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, §§ 166, 168 et seq.