GA 17-4-2 - GA 17-4-2

JUDICIAL DECISIONS Military immunity requires immediate assertion to satisfy purpose. - Legislative purpose of the immunity statute is to prevent civil interference with the military on active duty in the performance of duty. This purpose will be served only if the immunity is asserted at the earliest opportunity. The purpose is defeated if the militiaman allows oneself to be deterred from the performance of the militiaman's duty and then raises the privilege for the sole purpose of avoiding the criminal sanctions which the militiaman faces. Sanders v. City of Columbus, 140 Ga. App. 441 , 231 S.E.2d 473 (1976). Statute appears to be a limit upon the police power to momentarily detain. Sanders v. City of Columbus, 140 Ga. App. 441 , 231 S.E.2d 473 (1976). Cited in Barnes v. State, 239 Ga. A...