Legal Opinion

Whitfield v. State

Court of Appeals of Georgia

Decided January 24, 1967No. 42389PublishedCited by 3 opinions

1Opinion of the Court

Deen, Judge.

1. “A commitment hearing is a valuable right which the law gives to one accused of crime,” and failure *232to hold an examination before a committing officer where the defendant has been arrested and held in jail without bail, and where there is no intelligent and voluntary waiver of such hearing prior to indictment may result, depending on the circumstances of the case, in voiding all subsequent proceedings, including indictment, trial and conviction. Manor v. State, 221 Ga. 866, 868 (148 SE2d 305). This is true although, had the defendant not been so arrested and held, he might in…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Moore v. StateSupreme Court of Georgia · 1966
  2. Kendrick v. KendrickSupreme Court of Georgia · 1962
  3. Curtis v. StateCourt of Appeals of Georgia · 1960
  4. Manor v. StateSupreme Court of Georgia · 1966
  5. Teague v. Adair Realty & Loan Co.Court of Appeals of Georgia · 1955

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3Cited by3 opinions

  1. Charlie H. Scarbrough v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
  2. Charlie H. Scarbrough v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
  3. Tucker v. StateSupreme Court of Georgia · 1982

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