2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 16 - Coroners
Article 2 - Death Investigations
§ 45-16-38. Issuance of Precept to Sheriff to Summon Inquest Jury; Form
Whenever a coroner receives notice of the death of any person within the limits of the county of which he is coroner, which death occurred under circumstances which make it his duty, under the law, to hold an inquest, he shall make out a precept directed to the sheriff or any constable of the county having jurisdiction requiring him to summon a jury of inquest selected from the grand jury or traverse jury lists of the last excused term of the superior court of such county to appear before the coroner at the time and place mentioned in the precept, which precept may be in the following form: State of Georgia ______________ County To the sheriff or any lawful constable of said county, Greeting: You are required immediately to summon six persons of said county, chosen from the lists of grand jurors and traverse jurors of the last excused term of the superior court of said county, to be and appear before me, the undersigned, coroner of the county aforesaid, at ________, in said county, on the ________ day of ____________ at ______ :______ ____. M. of that same day, then and there to inquire of, do, and execute all such things as in behalf of the state shall be given them in charge concerning the death of ______________ (or a person unknown, as the case may be), and be you then and there with this precept to certify what you have done in the premises and further to do whatsoever else may in behalf of the state be enjoined upon you. Given under my hand and seal, this the ________ day of ________, in the year of our Lord ____________. ______________ Coroner (L.S.)
Such precept shall be immediately executed by the sheriff or constable in whose hands it may be placed; and, if the services of the sheriff or a constable cannot be conveniently obtained, the coroner may summon the jury himself.
(Laws 1823, Cobb's 1851 Digest, p. 537; Code 1863, § 4002; Code 1868, § 4030; Code 1873, § 4101; Code 1882, § 4101; Penal Code 1895, § 1259; Penal Code 1910, § 1341; Code 1933, § 21-210; Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 14; Ga. L. 1960, p. 1009, § 8; Ga. L. 1990, p. 1735, § 3; Ga. L. 2002, p. 415, § 45.)
OPINIONS OF THE ATTORNEY GENERAL
Summoning jurors.
- A coroner is authorized to use discretion in summoning jurors personally, or procuring the services of the sheriff for this duty. 1952-53 Op. Att'y Gen. p. 294.
Persons qualified to serve as jurors.- Only those persons whose names appear in the grand jury and traverse jury lists for the terms of the superior court next preceding are qualified to serve as jurors at a coroner's inquest. 1952-53 Op. Att'y Gen. p. 294.
RESEARCH REFERENCES
Am. Jur. 2d.
- 18 Am. Jur. 2d, Coroners or Medical Examiners, § 13.
C.J.S.- 18 C.J.S., Coroners, § 14 et seq.
