The petition for the writ of habeas corpus must be verified by the oath of the applicant or some other person in his behalf. It may be presented to the judge of the superior court of the circuit in which the illegal detention exists who may order the party restrained of his liberty to be brought before him from any county in his circuit, or it may be presented to the judge of the probate court of the county, except in cases of capital felonies or in which a person is held for extradition under warrant of the Governor.
History. Cobb’s 1851 Digest, p. 543; Code 1863, § 3911; Ga. L. 1868, p. 128, § 1; Code 1868, § 3935; Ga. L. 1872, p. 44, § 1; Code 1873, § 4011; Code 1882, § 4011; Ga. L. 1884-85, p. 50, § 1; Ga. L. 1884-85, p. 470, § 10; Penal Code 1895, § 1212; Penal Code 1910, § 1293; Code 1933, § 50-103.
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