Payment of Costs and Expenses When Venue Changed

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  1. When the venue in a case is changed, the whole costs of the case, jail fees of the person to be tried, and expenses of the trial in the county to which it was transferred shall be paid by the county from which the case was removed.
  2. The entire court costs, including the costs of the sheriff, bailiff, clerks, and jurors, shall also be paid by the county from which the case was removed and shall have the same priority as jail fees. The county in which the case is tried shall be reimbursed after paying the court costs incurred.

(Ga. L. 1871-72, p. 49, § 1; Code 1873, § 4689; Code 1882, § 4689; Ga. L. 1895, p. 70, § 4; Penal Code 1895, § 1083; Penal Code 1910, § 1110; Code 1933, § 27-2806.)

OPINIONS OF THE ATTORNEY GENERAL

Costs to be paid from general funds of the county.

- Under former Code 1933, § 27-2806 and Ga. L. 1950, p. 175, § 1 (see O.C.G.A. § 17-11-5), costs in criminal cases transferred to another county on a change of venue should be paid out of the general funds of the county. 1958-59 Op. Att'y Gen. p. 46.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 504 et seq., 535 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 1 et seq.

ARTICLE 2 REIMBURSEMENT OF COUNTIES FOR EXPENSES OF CAPITAL FELONY PROSECUTIONS

Cross references.

- Assessment of costs in criminal cases, Uniform Superior Court Rules, Rule 36.15.

U.S. Code.

- Procedure for assignment of counsel, Federal Rules of Criminal Procedure, Rule 44(b).

Administrative Rules and Regulations.

- Authority for reimbursement, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Administration, Executive Division, Rule 110-1-2-.01 et seq.


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