Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

O.C.G.A. § 38-2-7 — Declaration of martial rule; area encompassed specifically designated | Georgia Code

O.C.G.A. § 38-2-7 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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.

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.