A court of inquiry shall have the same power to compel the attendance of witnesses as in other criminal cases, as set forth in and subject to all of the provisions of Chapter 13 of Title 24, at any location where the court shall conduct a hearing, provided that notice is given at least 24 hours prior to the hearing. A court of inquiry may order the arrest of witnesses if required to compel their attendance.
(Orig. Code 1863, § 4617; Code 1868, § 4639; Code 1873, § 4736; Code 1882, § 4736; Penal Code 1895, § 909; Penal Code 1910, § 934; Code 1933, § 27-404; Ga. L. 1996, p. 742, § 3; Ga. L. 2011, p. 99, § 29/HB 24.)
Cross references.- Compulsory process to obtain witnesses, Ga. Const. 1983, Art. I, Sec. I, Para. XIV.
Editor's notes.- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Law reviews.- For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, § 534.
C.J.S.- 23 C.J.S., Criminal Procedure and Rights of the Accused, § 895 et seq. 98 C.J.S., Witnesses, § 3 et seq.