The petition for the writ of habeas corpus must be verified by the oath of the applicant or some other person in his behalf. It may be presented to the judge of the superior court of the circuit in which the illegal detention exists who may order the party restrained of his liberty to be brought before him from any county in his circuit, or it may be presented to the judge of the probate court of the county, except in cases of capital felonies or in which a person is held for extradition under warrant of the Governor.
(Cobb's 1851 Digest, p. 543; Code 1863, § 3911; Ga. L. 1868, p. 128, § 1; Code 1868, § 3935; Ga. L. 1872, p. 44, § 1; Code 1873, § 4011; Code 1882, § 4011; Ga. L. 1884-85, p. 50, § 1; Ga. L. 1884-85, p. 470, § 10; Penal Code 1895, § 1212; Penal Code 1910, § 1293; Code 1933, § 50-103.)
OPINIONS OF THE ATTORNEY GENERAL
Former Code 1933, § 50-103 (see now O.C.G.A. § 9-14-4) should be construed in connection with former Code 1933, § 50-104 (see now O.C.G.A. § 9-14-5). 1945-47 Op. Att'y Gen. p. 353.
Writ returnable to any county in circuit.- Superior court judge may make a writ of habeas corpus returnable to any county in the circuit, but the proceedings should be recorded in the county where the detention occurred. 1945-47 Op. Att'y Gen. p. 353.
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 98.
C.J.S.- 39A C.J.S., Habeas Corpus, § 272.
ALR.
- Right of one arrested on extradition warrant to delay to enable him to present evidence that he is not subject to extradition, 11 A.L.R. 1410.
Right to prove absence from demanding state or alibi on habeas corpus in extradition proceedings, 51 A.L.R. 797; 61 A.L.R. 715.
Determination in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 81 A.L.R. 552; 40 A.L.R.2d 1151.
Discharge on habeas corpus of one held in extradition proceedings as precluding subsequent extradition proceedings, 33 A.L.R.3d 1443.