2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 7 - Pretrial Proceedings
Article 2 - Commitment Hearings
§ 17-7-26. Authority to Require Bonds to Secure Appearance of Witnesses
In the event of a commitment of the accused person, the court, in its discretion, may require the witnesses, on behalf of the state or others, to give suitable bonds to secure their appearance at court, with or without sureties, as the circumstances seem to demand.
(Orig. Code 1863, § 4616; Code 1868, § 4638; Code 1873, § 4735; Code 1882, § 4735; Penal Code 1895, § 915; Penal Code 1910, § 940; Code 1933, § 27-410.)
Cross references.- Posting of cash bonds generally, § 17-6-4.
JUDICIAL DECISIONS
When power to be exercised.
- This power which existed in the courts at common law, being harsh and oppressive, should never be resorted to except in extreme cases. It is a matter, however, resting in the sound discretion of the court. Crosby v. Potts, 8 Ga. App. 463, 69 S.E. 582 (1910).
Cited in Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, § 554.
C.J.S.- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 2 et seq., 170.
