2021 Georgia Code
Title 9 - Civil Practice
Chapter 14 - Habeas Corpus
Article 1 - General Provisions
§ 9-14-16. When Person Not to Be Discharged
No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases:
- When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;
- By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;
- For want of bond to prosecute;
- When the person is imprisoned under a bench warrant which is regular upon its face;
- By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;
- When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or
- In any other case in which it appears that the detention is authorized by law.
(Orig. Code 1863, § 3924; Code 1868, § 3947; Code 1873, § 4023; Code 1882, § 4023; Penal Code 1895, § 1224; Penal Code 1910, § 1305; Code 1933, § 50-116.)
Cross references.- For further provisions regarding discharge on writ of habeas corpus because of informality in the commitment or the proceedings prior thereto, see § 17-7-34.
JUDICIAL DECISIONSANALYSIS
- In General
- Habeas after Conviction
RESEARCH REFERENCES
ALR.
- Habeas corpus to test constitutionality of ordinance under which petitioner is held, 32 A.L.R. 1054.
Power to grant writ of habeas corpus pending appeal from conviction, 52 A.L.R. 876.
Discharge on habeas corpus in federal court from custody under process of state court for acts done under federal authority, 65 A.L.R. 733.
Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468.
Bar of limitations as proper subject of investigation in extradition proceedings or in habeas corpus proceedings for release of one sought to be extradited, 77 A.L.R. 902.
Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.
When is a person in custody of governmental authorities for purpose of exercise of state remedy of habeas corpus - modern cases, 26 A.L.R.4th 455.
