Whenever any judicial officer sitting as a court of inquiry binds over a defendant to appear at an appropriate court to answer any charge, it shall be the duty of the judicial officer to write on the warrant the names of each witness for the state who appeared at the commitment hearing.
(Ga. L. 1873, p. 31, § 1; Code 1873, § 4737; Code 1882, § 4737; Penal Code 1895, § 916; Penal Code 1910, § 941; Code 1933, § 27-412.)
Cross references.- Right of accused to obtain list of witnesses on whose testimony the charge against the accused is founded, Ga. Const. 1983, Art. I, Sec. I, Para. XIV.
OPINIONS OF THE ATTORNEY GENERAL
Authority of justice of the peace to subpoena witnesses.
- Justice of the peace is not authorized to issue subpoenas to material witnesses after a court of inquiry has been held and the accused bound over or committed to trial in the superior court. 1952-53 Op. Att'y Gen. p. 312.
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 391 et seq., 548 et seq. 38 Am. Jur. 2d, Grand Jury, § 46 et seq.
C.J.S.- 22A C.J.S., Criminal Procedure and Rights of the Accused, § 488 et seq. 23 C.J.S., Criminal Procedure and Rights of the Accused, § 895 et seq. 98 C.J.S. (Rev), Witnesses, §§ 2 et seq., 20 et seq.
ALR.- Refusal to answer questions before state grand jury as direct contempt of court, 69 A.L.R.3d 501.
Validity and construction of statutes permitting grand jury witnesses to be accompanied by counsel, 90 A.L.R.3d 1340.