O.C.G.A.
O.C.G.A.

O.C.G.A. § 45-16-35 (2019)

Coroner to require material witnesses to enter into recognizance; petition for issuance of warrant for arrest of suspected person

✓ 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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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.)

Annotations

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.

Notes of Decisions
Cited in 3 cases, 1989–1993 · leading case: Jackson v. State, 430 S.E.2d 781 (Ga. Ct. App. 1993).
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Jackson v. State, 430 S.E.2d 781 (Ga. Ct. App. 1993). · cites it 4× “"[A]lthough a coroner's inquest [or a medical examiner's investigation] may uncover facts that lead to the prosecution of a person for homicide, OCGA § 45-16-35, a coroner [or medical examiner] has no law enforcement authority such as that given to the Georgia Bureau of…”
Kilgore v. R. W. Page Corp., 405 S.E.2d 655 (Ga. 1991). · cites it 2× “First, although a coroner’s inquest may uncover facts that lead to the prosecution of a person for homicide, OCGA § 45-16-35, a coroner has no law enforcement authority such as that given to the Georgia *412 Bureau of Investigation, see OCGA §§ 35-3-4 (b) and 35-3-8, and the…”
Kilgore v. R. W. Page Corp., 385 S.E.2d 406 (Ga. 1989). · cites it 4× “I of the Constitution of Georgia of 1983, specifying the classes of courts; and OCGA §§ 45-16-35 through 45-16-41, and, more specifically, OCGA §§ 45-16-35 and 45-16-36, relating to inquests.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.