No demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases arising under Code Section 17-13-25, that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he fled from the state, and accompanied by a copy of an indictment found, or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of the state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
History. Ga. L. 1951, p. 726, § 3.
Structure Georgia Code
Chapter 13 - Criminal Extradition
Article 2 - Uniform Criminal Extradition Act
§ 17-13-23. Form of Demand for Extradition of Person Charged With Crime in Another State
§ 17-13-25. Extradition of Persons Not Present in Demanding State at Time of Commission of Crime
§ 17-13-26. Investigation of Case Upon Receipt of Demand for Extradition
§ 17-13-27. Issue of Governor’s Warrant of Arrest; Recitals
§ 17-13-28. Manner and Place of Execution of Warrant
§ 17-13-29. Authority of Arresting Officers; Penalties for Refusal to Assist Arresting Officers
§ 17-13-30. Rights of Accused Person; Application for Writ of Habeas Corpus; Hearing; Penalty
§ 17-13-31. Duty of District Attorney to Answer and Defend Habeas Corpus Action
§ 17-13-32. Confinement in Jail of Person Being Extradited to Another State When Necessary
§ 17-13-34. Arrest Without Warrant of a Person Charged With a Crime in Another State
§ 17-13-37. Procedure Where Accused Not Arrested Within Time Specified in Warrant
§ 17-13-38. Forfeiture of Bail Bond
§ 17-13-40. Conduct of Inquiry as to Guilt or Innocence of Accused
§ 17-13-41. Recall of Warrant of Arrest or Issuance of Another Warrant by Governor
§ 17-13-43. Application for Issuance of Demand
§ 17-13-44. Payment of Expenses
§ 17-13-47. Effect of Article as to Right, Power, or Privilege of State to Try Demanded Person
§ 17-13-48. Trial of Person Brought Into State for Other Criminal Prosecutions While in State