If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his detention, he shall not be discharged for any defect in the affidavit, warrant, or commitment until a reasonable time has been given to the prosecutor to remedy the defect by a new proceeding.
History. Laws 1808, Cobb’s 1851 Digest, p. 856; Code 1863, § 3926; Code 1868, § 3949; Code 1873, § 4025; Code 1882, § 4025; Penal Code 1895, § 1227; Penal Code 1910, § 1308; Code 1933, § 50-117.
Structure Georgia Code
Article 1 - General Provisions
§ 9-14-2. Habeas Corpus on Account of Detention of Spouse or Child
§ 9-14-3. Petition for Writ — Contents
§ 9-14-4. Petition for Writ — Verification; to Whom Presented
§ 9-14-9. When Warrant for Arrest of Person Detained to Be Issued Along With Writ
§ 9-14-10. Respondent’s Return to Writ — When and Where Made
§ 9-14-11. Respondent’s Return to Writ — Verification; Production of Person Detained
§ 9-14-13. Production of Legal Process
§ 9-14-15. To Whom Notice of Hearing Given
§ 9-14-16. When Person Not to Be Discharged
§ 9-14-17. Discharge for Defect in Affidavit, Warrant, or Commitment
§ 9-14-18. Discharge After Arrest for Offense Committed in Another State
§ 9-14-19. Powers of Court in Cases Not Covered by Code Sections 9-14-16 Through 9-14-18
§ 9-14-20. Recordation of Proceedings by Clerk of Court; Fees
§ 9-14-21. Costs of Proceedings
§ 9-14-22. Appeals; Speedy Hearing; Transmittal of Remittitur