Georgia Statutes
§ 17-7-23 — Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126
Georgia § 17-7-23
JurisdictionGeorgia
Title17
This text of Georgia § 17-7-23 (Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 17-7-23 (2026).
Text
(a)The duty of a court of inquiry is simply to determine whether there is sufficient reason to suspect the guilt of the accused and to require him to appear and answer before the court competent to try him. Whenever such probable cause exists, it is the duty of the court to commit.
(b)Any court, other than a superior court or a state court, to which any charge of a violation of Code Section 16-11-126 is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall not thereafter be competent to try the accused for the charge or for any other criminal violation arising
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Related
Carzell Moore v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent
809 F.2d 702 (Eleventh Circuit, 1987)
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340 S.E.2d 891 (Supreme Court of Georgia, 1986)
Ross v. State
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Pruitt v. State
373 S.E.2d 192 (Supreme Court of Georgia, 1988)
Son H. Fleming v. Ralph Kemp
748 F.2d 1435 (Eleventh Circuit, 1984)
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Jimmie Burden, Jr. v. Walter Zant, Warden, Georgia Diagnostic and Classification Center
903 F.2d 1352 (Eleventh Circuit, 1990)
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760 F. Supp. 1563 (M.D. Georgia, 1991)
Chisholm v. State
500 S.E.2d 14 (Court of Appeals of Georgia, 1998)
McLarty v. State
336 S.E.2d 273 (Court of Appeals of Georgia, 1985)
Lambert v. McFarland
612 F. Supp. 1252 (N.D. Georgia, 1985)
Lamberson v. State
462 S.E.2d 706 (Supreme Court of Georgia, 1995)
Spears v. Johnson
350 S.E.2d 468 (Supreme Court of Georgia, 1986)
Bethel v. Fleming
713 S.E.2d 900 (Court of Appeals of Georgia, 2011)
State v. Ruff
335 S.E.2d 687 (Court of Appeals of Georgia, 1985)
DAVIS v. the STATE.
820 S.E.2d 791 (Court of Appeals of Georgia, 2018)
Antonio Brooks v. State
(Court of Appeals of Georgia, 2022)
David Butler v. State of Georgia
(Court of Appeals of Georgia, 2025)
Legislative History
Amended by 2010 Ga. Laws 643,§ 2-11, eff. 6/4/2010.
Nearby Sections
15
§ 17-1-2
Maintenance of penal actions§ 17-10-1-4
Split sentence§ 17-10-10
Concurrent sentencesCite This Page — Counsel Stack
Bluebook (online)
Georgia § 17-7-23, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/17-7-23.