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2018 Georgia Code 45-16-35 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 16. Coroners, 45-16-1 through 45-16-80.

ARTICLE 2 DEATH INVESTIGATIONS

45-16-35. Coroner to require material witnesses to enter into recognizance; petition for issuance of warrant for arrest of suspected person.

If the inquest discloses facts which lead or may lead to the prosecution of any person for the homicide of the person for whom the inquest is held, the coroner shall require all witnesses who testify to facts material to the issues involved in such prosecution to enter into a recognizance to appear in the superior court of the county in which the inquest is held and to give evidence against the defendant in such prosecution; and he shall also petition for the issuance of a warrant for the arrest of the person suspected of the homicide, which warrant shall be returnable as other warrants.

(Laws 1823, Cobb's 1851 Digest, p. 539; Code 1863, § 4008; Code 1868, § 4036; Code 1873, § 4107; Code 1882, § 4107; Penal Code 1895, § 1264; Penal Code 1910, § 1346; Code 1933, § 21-208; Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 12; Ga. L. 1990, p. 1735, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Examination of witnesses by suspect's attorney.

- An attorney representing a suspected criminal would not have a legal right to appear at such inquest and examine witnesses. 1963-65 Op. Att'y Gen. p. 157.

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Coroners or Medical Examiners, § 12 et seq.

C.J.S.

- 18 C.J.S., Coroners, § 17 et seq.

Cases Citing Georgia Code 45-16-35 From Courtlistener.com

Total Results: 2

Kilgore v. R. W. Page Corp.

Court: Supreme Court of Georgia | Date Filed: 1991-07-03

Citation: 405 S.E.2d 655, 261 Ga. 410, 19 Media L. Rep. (BNA) 1063, 1991 Ga. LEXIS 340

Snippet: the prosecution of a person for homicide, OCGA § 45-16-35, a coroner has no law enforcement authority such

Kilgore v. R. W. Page Corp.

Court: Supreme Court of Georgia | Date Filed: 1989-11-09

Citation: 259 Ga. 556, 385 S.E.2d 406, 17 Media L. Rep. (BNA) 1031, 1989 Ga. LEXIS 463

Snippet: courts; and OCGA §§ 45-16-35 through 45-16-41, and, more specifically, OCGA §§ 45-16-35 and 45-16-36, relating