2021 Georgia Code
Title 9 - Civil Practice
Chapter 14 - Habeas Corpus
Article 1 - General Provisions
§ 9-14-12. Respondent's Return to Writ - Statement of Transfer of Custody; Procedure When Transfer Made to Avoid Writ
If the return denies the custody or detention of the person in question, it shall further state distinctly the latest date, if ever, at which custody was had and when and to whom custody was transferred. If it appears that a transfer of custody was made to avoid the writ of habeas corpus, the party making the return may be imprisoned, in the discretion of the judge hearing the case, until the body of the party kept or detained is produced.
(Orig. Code 1863, § 3920; Code 1868, § 3944; Code 1873, § 4020; Code 1882, § 4020; Penal Code 1895, § 1221; Penal Code 1910, § 1302; Code 1933, § 50-113.)
OPINIONS OF THE ATTORNEY GENERAL
Return of prisoner to county of conviction not authorized when execution of sentence stayed.
- Director of the State Board of Correction (now commissioner of offender rehabilitation) would not be authorized to return a prisoner to the county of conviction where execution of the sentence was stayed by a habeas corpus proceeding. 1954-56 Op. Att'y Gen. p. 135.
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 106, 159.
C.J.S.- 39A C.J.S., Habeas Corpus, § 316.
