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 and9-14-41.

Constitutional jurisdiction of Supreme Court not restricted by this section.

- This section, pertaining to the return day for a writ of habeas corpus in a criminal case, does not purport to restrict or limit the constitutional jurisdiction of the Supreme Court in habeas corpus cases. Goble v. Reese, 214 Ga. 697, 107 S.E.2d 175 (1959)(see now O.C.G.A § 9-14-7).

Return day for civil cases.

- Civil Practice Act (see now O.C.G.A. Ch. 9, T. 11) did not change the requirement that the return day in habeas corpus cases of a civil nature should always be within 20 days after presentation of the petition for the writ. Tyree v. Jackson, 226 Ga. 690, 177 S.E.2d 160 (1970).

Thirty-day show cause order held not writ.

- Order requiring the defendant to show cause 30 days thereafter "why the prayers of said petition should not be granted" is not a writ within the meaning of this section. Harper v. Ballensinger, 225 Ga. 863, 171 S.E.2d 609 (1969).

Delay caused by petitioner.

- Since it was the petitioner's actions which frustrated the ability of the county judges to consider the merits of the petitioner's habeas corpus petition and delayed the holding of the required hearing for months, the court declined the opportunity to order the petitioner released because the temporal requirements of the statute were not met. Smith v. Nichols, 270 Ga. 550, 512 S.E.2d 279 (1999).

Cited in McClure v. Hopper, 234 Ga. 45, 214 S.E.2d 503 (1975).

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 102, 155.

13 Am. Jur. Pleading and Practice Forms, Habeas Corpus, § 165.

C.J.S.

- 39A C.J.S., Habeas Corpus, §§ 310, 311.