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2018 Georgia Code 5-7-5 | Car Wreck Lawyer

TITLE 5 APPEAL AND ERROR

Section 7. Appeal or Certiorari by State in Criminal Cases, 5-7-1 through 5-7-6.

ARTICLE 2 APPELLATE PRACTICE

5-7-5. Right of accused to bail; amount of bail reviewable by appellate court.

In the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be released on reasonable bail pending the disposition of the appeal, except in those cases punishable by death. The amount of the bail, to be set by the court, shall be reviewable on direct application by the court to which the appeal is taken.

(Ga. L. 1973, p. 297, § 5.)

JUDICIAL DECISIONS

When bail may be denied generally.

- A person convicted of an offense punishable by death has no constitutional right to bail pending appeal. Wilcox v. Carter, 545 F. Supp. 1043 (M.D. Ga. 1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 8A Am. Jur. 2d, Bail and Recognizance, § 12 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 103 et seq., 340.

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