If any person makes affidavit to facts to authorize the coroner to disinter a body or the coroner does so of his own motion and such affidavit is made or disinterment carried out without good grounds or from malice or mischief, the person so swearing or the coroner so officiating shall be guilty of a misdemeanor. In such cases, all circumstances shall be considered by the coroner’s jury; and, if it believes there were reasonable grounds for the disinterment at the time it took place, it shall be its duty to acquit.
History. Orig. Code 1863, § 568; Code 1868, § 632; Code 1873, § 591; Code 1882, § 591; Penal Code 1895, § 417; Penal Code 1910, § 410; Code 1933, § 88-9921; Code 1933, § 88-2712, enacted by Ga. L. 1964, p. 499, § 1.
Cross references.
Authority of coroner and medical examiner to disinter bodies, § 45-16-45 .
Structure Georgia Code
§ 31-21-40. Omission to Perform Duties Imposed by Chapter
§ 31-21-41. Traffic in Human Bodies
§ 31-21-42. Disinterment by Coroner Without Good Grounds
§ 31-21-43. Removal of Dead Body From Grave for Purposes of Sale or Dissection
§ 31-21-44.1. Abuse of Dead Body
§ 31-21-44.2. Throwing Away or Abandonment of Dead Bodies Prohibited; Punishment