Legal Opinion · Concurrence

Tucker v. State

Supreme Court of Georgia

Decided April 13, 1982No. 38318Published

1ConcurrenceGregory, Justice

I concur specially as to Divisions 2 and 5.(2) Defendant’s complaint was that she was not granted a committal hearing within 72 hours of her arrest under a warrant. The majority opinion, which cites only cases involving a failure to hold a committal hearing, may imply that Georgia law requires a committal hearing within 72 hours of an arrest under a warrant. This is not the law of Georgia and I think we should say so.

Code Ann. § 27-210 states: “Every officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the person authorized to examine,…

2Cases cited5 opinions

  1. Tarpkin v. StateSupreme Court of Georgia · 1976
  2. State v. HoustonSupreme Court of Georgia · 1975
  3. Dodson v. GrimesSupreme Court of Georgia · 1964
  4. Beavers v. StateCourt of Appeals of Georgia · 1974
  5. Whitfield v. StateCourt of Appeals of Georgia · 1967

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