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Call Now: 904-383-7448If the person who is the subject of a petition for the writ of habeas corpus is detained upon a criminal charge and the district attorney is in the county, he shall be notified of the hearing. If he is not, the notice shall be given to the prosecutor of the criminal charge.
(Ga. L. 1851-52, p. 236, § 1; Code 1863, § 3931; Code 1868, § 3954; Code 1873, § 4030; Code 1882, § 4030; Penal Code 1895, § 1233; Penal Code 1910, § 1314; Code 1933, § 50-120.)
- 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.
Compliance with this section is not jurisdictional, and failure to raise objection of lack of notice until after judgment amounts to waiver. Pridgen v. James, 168 Ga. 770, 149 S.E. 48 (1929).
Cited in Bruce v. Smith, 274 Ga. 432, 553 S.E.2d 808 (2001).
- 39A C.J.S., Habeas Corpus, § 275.
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