O.C.G.A.

O.C.G.A. § 9-14-13 (2019)

Production of legal process

✓ 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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In every case in which detention is justified under legal process, the legal process shall be produced and submitted to the judge at the hearing of the return.

History

(Orig. Code 1863, § 3919; Code 1868, § 3943; Code 1873, § 4019; Code 1882, § 4019; Penal Code 1895, § 1220; Penal Code 1910, § 1301; Code 1933, § 50-112.)

Annotations

JUDICIAL DECISIONS Editor’s notes. - 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 and 9-14-41. Presumption of compliance with

law. - Since the respondent held petitioner under an executive warrant based upon an extradition proceeding, and the warrant was regular on the warrant’s face, the presumption was that the Governor had complied with the Constitution and the law. Blackwell v. Jennings, 128 Ga. 264, 57 S.E. 484 (1907).