Table Of Content

cim a,,i cob*. GEORGIA ^ IV) b \fOMMt13 tie V/v Cnhriif)ai. Procedure Digitized by the Internet Archive 2013 in http://archive.org/details/govlawgacode200815 CODE OF GEORGIA OFFICIAL ANNOTATED With Provision for Subsequent Pocket Parts Prepared by The Code Revision Commission The Office of Legislative Counsel and The Editorial Staff of LexisNexis® Published Under Authority of the State of Georgia Volume 15 2008 Edition Title 17. Criminal Procedure Including Acts ofthe 2008 Session ofthe General Assembly ofGeorgia and Annotations taken from the Georgia Reports and the Georgia Appeals Reports LexisNexis® Charlottesville, Virginia 2008 Copyright 1926 through 1930 © 1982, 1990, 1997, 2004, 2008 BY The State of Georgia All rights reserved. ISBN 978-1-4224-4788- 41871-13 (Pub.41805) OFFICE OF SECRETARY OF STATE Jr, J\aren C. J4anael, Secretary ofState of the State ofLjeoraia, do hereby certify that the statutory portion ofthe Official Code ofGeorgia Annotated contained in this volume is a true and correctcopy ofsuch material as enacted by the General Assembly ofGeorgia: all as same appearoffile and record in this office. INTESTIMONYWHEREOF,Ihavehereuntosetmyhandandaffixed thesealofmyoffice,attheCapitol, intheCityofAtlanta, this 15thdayofJuly,intheyearofourLordTwoThousand and Eight and ofthe Independence ofthe United StatesofAmericatheTwoHundredandThirty-Third. KarenC. Handel,SecretaryofState Preface Thisvolume cumulates and replaces the 2004 edition ofVolume 15 ofthe Official Code of Georgia Annotated, as supplemented by the 2007 Cumu- lative Supplement. The 2004Volume 15 and its supplementmaybe recycled or, if so desired, retained for historical purposes. This volume contains all laws specifically codified in Title 17 by the GeneralAssembly through the 2008 Session. This volume also contains case annotations reflecting decisions posted to LexisNexis® through April 4, 2008. These annotations will appear in the following traditional reporter sources: Georgia Supreme Court Opinions; Georgia Appeals Court Opin- ions; Southeastern Reporter, Second Series; Supreme Court Reporter; Federal Reporter, Third Series; Federal Supplement, Second Series; Federal Rules Decisions; and Bankruptcy Reporter. As official and traditional citations become available, substitutions for the LexisNexis® citations will be made. Additionally, LexisNexis® has prepared annotations and references to Attorney General Opinions, law reviews, and other research sources thatwe hope will be beneficial as you utilize this product. A complete listing of those sources is as follows: Official and Unofficial Attorney General Opinions; Opinions of the Judicial Qualifications Commission; Advisory Opinions ofthe State Disciplinary Board ofthe State Bar; Formal Advisory Opinions of the State Disciplinary Board of the State Bar, issued by the Supreme Court of Georgia; Emory Law Journal; Georgia Law Review; Georgia State UniversityLawReview; Mercer Law Review; Georgia State Bar Journal; American Law Reports; American Jurisprudence 2d; American Jurisprudence Pleading and Practice, American Jurisprudence Proof of Facts; American Jurisprudence Trials; Corpus Juris Secundum; and Uni- form Laws Annotated. Also included, where appropriate, are cross references to the Official Code of Georgia Annotated. This volume retains amendment notes and effective date notes for Acts passed during the 2006, 2007, and 2008 Sessions of the General Assembly. In order to determine the changes which were made or the effective date applied to a Code section by an Act passed prior to the 2006 Session ofthe General Assembly, the user should consult the Georgia Laws. Visit our website at http://www.lexis.com for an online bookstore, technical support, customer service, and other company information. If you have questions or suggestions concerning the Official Code of PREFACE Georgia Annotated, please call toll free 1-800-833-9844, fax at 1-518-487-3584, or email us at [email protected]. Direct written inquiries to: LexisNexis® Attn: Official Code of Georgia Annotated P.O. Box 7587 Charlottesville, Virginia 22906-7537 VI