No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases:
§ 9-14-16.When person not to be discharged
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-16 bars discharging a habeas petitioner in seven situations, including lawful confinement by a court of competent jurisdiction absent proper bail, a warrant with only a technical irregularity, a misnomer that does not obscure the true identity of the person charged, and any other case where the law authorizes the detention.
Full Text of § 9-14-16
(1) When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered;
(2) By reason of any irregularity in the warrant or commitment where the same substantially conforms to the requirements of law;
(3) For want of bond to prosecute;
(4) When the person is imprisoned under a bench warrant which is regular upon its face;
(5) By reason of any misnomer in the warrant or commitment when the court is satisfied that the person detained is the party charged with the offense;
(6) When the person is in custody for a contempt of court and the court has not exceeded its jurisdiction in the length of the imprisonment imposed; or
(7) In any other case in which it appears that the detention is authorized by law.
Plain-English Summary
This section flips the habeas inquiry around: rather than describing when relief is available, it lists the situations where a judge must withhold it. The introductory line is categorical — no person shall be discharged in these seven circumstances — which makes this one of the more restrictive provisions in Article 1.
The seven grounds fall into a few groups. Some protect lawful confinement from being undone by procedural imperfection: an irregularity in the warrant or commitment that still substantially conforms to legal requirements, a bench warrant regular on its face, or a misnomer that does not prevent the court from being satisfied the right person is in custody. Others draw firm lines around specific situations: imprisonment under lawful process from a court of competent jurisdiction stands unless the case allows bail and proper bail has been tendered; want of bond to prosecute is not grounds for release; and contempt confinement stands so long as the court has not exceeded its jurisdiction in the length of the sentence imposed. The seventh ground is a catch-all — any other case where the detention is authorized by law.
The structure here reflects a broader principle running through this chapter: habeas corpus tests the legality of a detention, not its convenience or its technical perfection. A defect that does not touch the substance of a lawful confinement will not, by itself, free the person confined.
Frequently Asked Questions
Can a person imprisoned under lawful process be discharged on habeas corpus?
Generally not, unless the case is one in which bail is allowed and proper bail has been tendered.
Does a technical irregularity in a warrant justify discharge?
No, if the warrant or commitment substantially conforms to the requirements of law despite the irregularity.
What about a misnomer in the warrant — does that free the person?
No, as long as the court is satisfied that the person detained is the party charged with the offense.
Can someone held for contempt of court be discharged?
Not if the court imposing the contempt sentence has not exceeded its jurisdiction in the length of imprisonment imposed.
Is this list of seven grounds exhaustive?
The seventh ground is a catch-all covering any other case in which the detention is authorized by law, so the specific list works alongside that broader standard.
Amendment History
Orig. Code 1863, § 3924; Code 1868, § 3947; Code 1873, § 4023; Code 1882, § 4023; Penal Code 1895, § 1224; Penal Code 1910, § 1305; Code 1933, § 50-116.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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