Dodson v. Grimes
| Decision Date | 28 September 1964 |
| Docket Number | No. 22634,22634 |
| Parties | Roy DODSON v. Ralph GRIMES, Sheriff. |
| Court | Georgia Supreme Court |
Syllabus by the Court
1. The Act of 1956 (Ga.L.1956, p. 796; Code Ann. § 27-210) does not require that the committal hearing be held within 72 hours after arrest.
2. Petitioner's complaint was that under the order of the trial judge he was entitled to a hearing or to be released. It does not appear from the record that this order was not complied with.
Walter M. Henritze, Jr., Atlanta, for plaintiff in error.
William T. Boyd, Solicitor Gen., John I. Kelley, Solicitor, Loy W. Milam, J. Walter LeCraw, Atlanta, for defendant in error.
Roy Dodson sought by his petition a writ of habeas corpus for his release from the custody of Ralph Grimes, Sheriff of Fulton County. He alleged that he was being held in custody by reason of a warrant issued on June 6, 1964, by a justice of the peace, accusing him of attempted rape. He asserted that (a) he was innocent of any crime, (b) the warrant was void on its face and, (c) he had been held for over 72 hours without a committal hearing. Attached to the petition was a copy of the affidavit of the prosecutrix, specifying the time, place and facts of the alleged offense; the warrant issued on June 6, 1964 by a justice of the peace for the arrest of the petitioner and an unsigned appearance bond stating that a committal hearing was set before the justice of the peace issuing the warrant for June 11, 1964. On the day the committal hearing was set, the petitioner filed his petition for the writ of habeas corpus. The hearing was had on the same day the petition was filed. After the hearing the court passed the following order:
1. It is contended that the failure of the magistrate who issued the warrant to hold a committal hearing within 72 hours rendered the detention illegal under the Act of 1956 (Ga.L.1956, p. 796; Code Ann. § 27-210) in that he was arrested on June 6 and the hearing was set for June 11 which was not within 72 hours after the arrest. The Act of 1956 requires the officer making an arrest under a warrant to present the person arrested before a committing officer within 72 hours after arrest, and to notify the accused as to when and where the committal hearing is to be held. This Act does not provide that the...
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Tucker v. State
...This Act does not provide that the committing magistrate shall have a hearing within 72 hours after the arrest." Dodson v. Grimes, 220 Ga. 269(1), 138 S.E.2d 311 (1964) (Emphasis supplied). Accord, Tarpkin v. State, 236 Ga. 67(1), 222 S.E.2d 364 (1976); Beavers v. State, 132 Ga.App. 94(5), ......
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State v. Godfrey
...must be brought before a magistrate, and not to the time within which a probable cause hearing must be held. Dodson v. Grimes, 220 Ga. 269, 270(1), 138 S.E.2d 311 (1964). Thus, a magistrate need not hold a commitment hearing at the time an accused is brought before him within 72 hours of ar......
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Tarpkin v. State, 30325
...be brought within 72 hours of his arrest before a committing officer to schedule the time and place for the hearing. Dodson v. Grimes, 220 Ga. 269, 138 S.E.2d 311 (1964). The procedures to be followed at the hearing are set forth at Code Ann. Chapter 27-4. Code Ann. § 27-401 provides that a......
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Beavers v. State
...and the fact that one is not set until more than 72 hours after such arrest would not make prisoner's detention illegal. Dodson v. Grimes, 220 Ga. 269(1), 138 S.E.2d 311. 6. Ground 12 sets out that the court's failure here to order a psychiatric examination of the defendant deprived him of ......