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Lang v. Baker

Supreme Court of Georgia
Jan 27, 1982
248 Ga. 831 (Ga. 1982)

Opinion

38394.

DECIDED JANUARY 27, 1982. REHEARING DENIED FEBRUARY 3, 1982.

Habeas corpus. Gordon Superior Court. Before Judge White.

B. L. Spruell, for appellant.

Darrell Wilson, District Attorney, David Soulis, Assistant District Attorney, for appellee.


This case is before the court on application for an expedited appeal from an order denying a petition for habeas corpus.

After petitioner was arrested, he filed a pretrial petition for habeas corpus, verified by counsel, stating that a preliminary or commitment hearing has not been provided pursuant to Code Ann. § 27-210, and stating that petitioner is without knowledge of the contents of any warrant that may have been issued and that no formal charges have been lodged against him.

Attached to the application for expedited appeal is an affidavit of counsel stating that petitioner has been held in jail since January 5, 1982, without a preliminary hearing as provided in Code Ann. § 27-210 and that although petitioner has demanded a preliminary hearing, the same has been denied.

Denial of commitment hearing is ground for pre-indictment habeas corpus. McClure v. Hopper, 234 Ga. 45, 48 ( 214 S.E.2d 503) (1975). However, in responding to petitioner's application for expedited appeal, the district attorney has filed a copy of the order of the superior court denying habeas corpus relief. In that order, the court found as a matter of fact that the petitioner received a committal hearing pursuant to Code Ann. § 27-210 within 48 hours of arrest.

The motion to expedite is denied and this matter is remanded to the superior court for such further proceedings as may be appropriate.

Motion to expedite denied. All the Justices concur.

DECIDED JANUARY 27, 1982 — REHEARING DENIED FEBRUARY 3, 1982.


Summaries of

Lang v. Baker

Supreme Court of Georgia
Jan 27, 1982
248 Ga. 831 (Ga. 1982)
Case details for

Lang v. Baker

Case Details

Full title:LANG v. BAKER

Court:Supreme Court of Georgia

Date published: Jan 27, 1982

Citations

248 Ga. 831 (Ga. 1982)
286 S.E.2d 433

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