No defendant shall be discharged on a writ of habeas corpus because of informality in the commitment or in the proceedings prior thereto, provided there has been substantial compliance with this article.
(Cobb's 1851 Digest, p. 856; Code 1863, § 4626; Code 1868, § 4650; Code 1873, § 4748; Code 1882, § 4748; Penal Code 1895, § 926; Penal Code 1910, § 951; Code 1933, § 27-422.)
Cross references.- Further provisions regarding circumstances in which person shall not be discharged upon hearing of writ of habeas corpus, § 9-14-16.
JUDICIAL DECISIONS
Writ of habeas corpus cannot be employed to correct errors or irregularities in the commitment hearing. The judgment committing the defendant must be absolutely void. Harris v. Norris, 188 Ga. 610, 4 S.E.2d 840 (1939).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 547, 548, 554.
ARTICLE 3 INDICTMENTS
Cross references.
- Grand juries generally, § 15-12-60 et seq.
JUDICIAL DECISIONS
Issuance of statement by grand jury as grounds for abatement of prosecution.
- Fact that a grand jury at the preceding term of court started but did not complete investigations, and then gave out a statement that it recommended that its investigation continue is no reason to abate a prosecution based on an indictment returned by the grand jury at the succeeding term of the court, even if the act complained of, committed by the preceding grand jury, is violative of the law with respect to grand jury secrecy. Howard v. State, 60 Ga. App. 229, 4 S.E.2d 418 (1939).
RESEARCH REFERENCES
ALR.
- Joinder of counts for theft of property, or receiving stolen property, belonging to different persons, 18 A.L.R. 1077.
Effect of passing indictment to files, 18 A.L.R. 1153.
Indictment based on evidence illegally procured, 24 A.L.R. 1432.
Unlawful arrest as bar to prosecution under subsequent indictment or information, 56 A.L.R. 260.
Quashing indictment for lack or insufficiency of evidence before grand jury, 59 A.L.R. 567.
Mistaken belief as to constitutionality or unconstitutionality of statute as affecting criminal responsibility, 61 A.L.R. 1153.
Substitution by mistake of name of person other than defendant for defendant's name in indictment, information, or other criminal accusation, 79 A.L.R. 219.
Necessity in indictment charging violation of statute regarding wages, or hours, of naming particular employees, 81 A.L.R. 76.
Prejudice of member of grand jury against defendant as ground of attack on indictment, 88 A.L.R. 899.
Sufficiency of description of automobile, or automobile equipment or accessories, in indictment, information, or complaint in criminal proceedings, 100 A.L.R. 791.
Effect of unauthorized amendment of criminal information or indictment, 101 A.L.R. 1254.
Erroneous instructions by court to grand jury as ground for quashing indictment, 105 A.L.R. 575.
Admissibility of testimony or affidavits of grand jurors for purpose of impeaching indictment, 110 A.L.R. 1023.
Indictment or information which has been dismissed by prosecuting attorney as susceptible of reinstatement, 112 A.L.R. 386.
Sufficiency of indictment or information charging in words of statute offense relating to operation of automobile, 115 A.L.R. 357.
Defendant's plea to indictment or information as waiver of lack of preliminary examination, 116 A.L.R. 550.
Leave of court to file information, 120 A.L.R. 358.
Failure or refusal of grand jury upon investigation to find indictment as affecting right to file information, 120 A.L.R. 713.
Error in naming the offense covered by allegations of specific facts in complaint, indictment, or information, 121 A.L.R. 1088.
Ruling against defendant's attack upon indictment or information as subject to review by higher court, before trial, 133 A.L.R. 934.
Lost indictment: failure to make proof of loss and to enter order of substitution of certified copy until after defendant had been arraigned, 133 A.L.R. 1337.
Right of accused to attack indictment or information after reversal or setting aside of conviction, 145 A.L.R. 493.
Habeas corpus as remedy where one is convicted, upon plea of guilty or after trial, of offense other than one charged in indictment or information, 154 A.L.R. 1135.
Right to challenge personnel of grand jury, 169 A.L.R. 1169.
Suppression before indictment or trial of confession unlawfully obtained, 1 A.L.R.2d 1012.
Form and sufficiency of allegations as to time, place, or court of prior offenses or convictions, under habitual criminal act or statute enhancing punishment for repeated offenses, 80 A.L.R.2d 1196.
Power of court to make or permit amendment of indictment with respect to allegations as to time, 14 A.L.R.3d 1297.
Power of court to make or permit amendment of indictment with respect to allegations as to place, 14 A.L.R.3d 1335.
Power of court to make or permit amendment of indictment with respect to allegations as to name, status, or description of persons or organizations, 14 A.L.R.3d 1358.
Power of court to make or permit amendment of indictment with respect to allegations as to money, 16 A.L.R.3d 1076.
Power of court to make or permit amendment of indictment with respect to allegations as to criminal intent or scienter, 16 A.L.R.3d 1093.
Malicious prosecution: effect of grand jury indictment on issue of probable cause, 28 A.L.R.3d 748.
Necessity of alleging in indictment or information limitation-tolling facts, 52 A.L.R.3d 922.
Use of abbreviation in indictment or information, 92 A.L.R.3d 494.
Validity of indictment as affected by substitution or addition of grand jurors after commencement of investigation, 2 A.L.R.4th 980.
Presence of unauthorized persons during state grand jury proceedings as affecting indictment, 23 A.L.R.4th 397.
Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600.
Presence of persons not authorized by Rule 6 (d) of Federal Rules of Criminal Procedure during session of grand jury as warranting dismissal of indictment, 68 A.L.R. Fed. 798.