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Call Now: 904-383-7448If the return denies the custody or detention of the person in question, it shall further state distinctly the latest date, if ever, at which custody was had and when and to whom custody was transferred. If it appears that a transfer of custody was made to avoid the writ of habeas corpus, the party making the return may be imprisoned, in the discretion of the judge hearing the case, until the body of the party kept or detained is produced.
(Orig. Code 1863, § 3920; Code 1868, § 3944; Code 1873, § 4020; Code 1882, § 4020; Penal Code 1895, § 1221; Penal Code 1910, § 1302; Code 1933, § 50-113.)
- Article 2 of this chapter now provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of sentence of a state court of record, expanding the scope of habeas in such cases. See O.C.G.A. §§ 9-14-40 and9-14-41.
Record held sufficient to show that father sent child to family in Pakistan to avoid writ of habeas corpus, and father's arrest and detention was authorized. Salim v. Salim, 244 Ga. 513, 260 S.E.2d 894 (1979).
- Director of the State Board of Correction (now commissioner of offender rehabilitation) would not be authorized to return a prisoner to the county of conviction where execution of the sentence was stayed by a habeas corpus proceeding. 1954-56 Op. Att'y Gen. p. 135.
- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 106, 159.
- 39A C.J.S., Habeas Corpus, § 316.
No results found for Georgia Code 9-14-12.