Privilege From Arrest of Active Duty Military Personnel

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The members of the organized militia or military forces shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at drills, parades, meetings, encampments, and the election of officers and going to, during, and returning from the performance of any active duty as such members.

(Ga. L. 1884-85, p. 74, § 11; Penal Code 1895, § 892; Penal Code 1910, § 913; Code 1933, § 27-204.)

OPINIONS OF THE ATTORNEY GENERAL

Arrest of sheriff.

- Law allows a constable in the constable's district to arrest a sheriff under the same circumstances as the constable can arrest other persons. 1969 Op. Att'y Gen. No. 69-175.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, §§ 103 et seq., 106 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 49.

ALR.

- Official immunity of national guard members, 52 A.L.R.4th 1095.


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