Georgia Code § 9-14-16 - When Person Not to Be Discharged

No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases:

(1) When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;

(2) By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;

(3) For want of bond to prosecute;

(4) When the person is imprisoned under a bench warrant which is regular upon its face;

(5) By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;

(6) When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or

(7) In any other case in which it appears that the detention is authorized by law.

Section: Previous  9-14-9  9-14-10  9-14-11  9-14-12  9-14-13  9-14-14  9-14-15  9-14-16  9-14-17  9-14-18  9-14-19  9-14-20  9-14-21  9-14-22  9-14-23  Next

Last modified: October 14, 2016