Georgia Code
Article 2 - Death Investigations
§ 45-16-35. Coroner to Require Material Witnesses to Enter Into Recognizance; Petition for Issuance of Warrant for Arrest of Suspected Person

If the inquest discloses facts which lead or may lead to the prosecution of any person for the homicide of the person for whom the inquest is held, the coroner shall require all witnesses who testify to facts material to the issues involved in such prosecution to enter into a recognizance to appear in the superior court of the county in which the inquest is held and to give evidence against the defendant in such prosecution; and he shall also petition for the issuance of a warrant for the arrest of the person suspected of the homicide, which warrant shall be returnable as other warrants.
History. Laws 1823, Cobb’s 1851 Digest, p. 539; Code 1863, § 4008; Code 1868, § 4036; Code 1873, § 4107; Code 1882, § 4107; Penal Code 1895, § 1264; Penal Code 1910, § 1346; Code 1933, § 21-208; Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 12; Ga. L. 1990, p. 1735, § 3.

Structure Georgia Code

Georgia Code

Title 45 - Public Officers and Employees

Chapter 16 - Coroners

Article 2 - Death Investigations

§ 45-16-20. Short Title

§ 45-16-21. Definitions

§ 45-16-22. Medical Examiners’ Inquiries — Facilities, Persons Authorized to Perform Inquiries, Payment of Fees, Jurisdiction, and Clerical and Secretarial Assistance

§ 45-16-23. Delegation of Power by Coroner or County Medical Examiner; Qualifications of Those Authorized to Perform Examinations

§ 45-16-24. Notification of Suspicious or Unusual Deaths; Court Ordered Medical Examiner’s Inquiry; Written Report of Inquiry

§ 45-16-25. Coroner’s or County Medical Examiner’s Duties After Notice of Suspicious or Unusual Death; Embalmment; Inventory and Disposition of Deceased’s Property; Use of Deceased’s Property for Evidence; Autopsy Required

§ 45-16-25.1. Releasing Remains of Deceased to Next of Kin; Exception

§ 45-16-26. Assumption of Duties by Medical Examiner in Absence of Coroner or Deputy Coroner; Signing of Death Certificates

§ 45-16-27. When Inquest to Be Held; Special Situations; Coroner’s Fee; Issuance of Subpoenas; Cost of Copying; Limited Disclosure of Photographs

§ 45-16-27.1. Medical Examination of Unexpected or Unexplained Death of Person Under Seven Years of Age

§ 45-16-28. Performance of Autopsy When Not Required Under Code Section 45-16-24

§ 45-16-29. Removal of Body Generally

§ 45-16-30. Transport of Body Across State Line

§ 45-16-31. Authorization of Removal of Body for Convenience of Examination; Investigation of Premises Before Removal

§ 45-16-32. Report of Examination and Investigation; Maintenance of Copies; Verification of Foul Play by Forensic Laboratory; Transmittal of Copies of Reports to District Attorneys

§ 45-16-33. Coroner to Make Inquest Upon Completion of Examination and Verification

§ 45-16-34. Issuance of Subpoenas; Administration of Oath to Witnesses

§ 45-16-35. Coroner to Require Material Witnesses to Enter Into Recognizance; Petition for Issuance of Warrant for Arrest of Suspected Person

§ 45-16-36. Impaneling of Jury to Hold Inquest; Compensation of Jurors

§ 45-16-37. When Jury to Be Impaneled; Jury Not Required to View Body

§ 45-16-38. Issuance of Precept to Sheriff to Summon Inquest Jury; Form

§ 45-16-39. Oath for Foreperson and Jury of Inquest

§ 45-16-40. Coroner’s Charge to Jury; Power of Jury

§ 45-16-41. Defaulting Juror to Be Fined by Coroner

§ 45-16-42. Offering in Evidence of Results of Examination

§ 45-16-44. Disposition of Bodies After Examination and Inquest; Payment of Burial Expenses From Deceased’s Estate

§ 45-16-45. Authority of Coroners and Medical Examiners to Disinter Bodies

§ 45-16-46. Obtaining Blood Sample When Person Unable to Consent; Analysis of Blood Specimens; Certified Report

§ 45-16-47. Penalty for Violation of Article

§ 45-16-48. Coroner’s Employment of Court Reporter

§ 45-16-49. Fees

§ 45-16-50. Providing Biological Substances to Canine Instructors or Schools

§ 45-16-51. Interment of Unidentified Human Remains; Disinterment for Identification