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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 17. CRIMINAL PROCEDURE |
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Chapter 7. PRETRIAL PROCEEDINGS |
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Article 4. ACCUSATIONS |
| § 17-7-70. Trial upon accusations in felony cases; trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived |
| § 17-7-70.1. Trial upon accusations in certain felony and misdemeanor cases; trial upon plea of guilty or nolo contendere |
| § 17-7-71. Trials of misdemeanors; trial of misdemeanor motor vehicle violations; form and contents of accusations; amendment of accusation; service of amendment upon defendant; continuances |
| § 17-7-72. Jurisdiction of probate courts to try certain drug and alcohol offenses |
| § 17-7-73. Trial of litter offenses upon summons or citation without accusation |
REFS & ANNOS
TITLE 17 Chapter 7 Article 4 NOTE
JUDICIAL DECISIONS
OFFENSE MUST BE SHOWN TO HAVE BEEN COMMITTED BEFORE ACCUSATION SUED OUT. --It is essential, to sustain a conviction of a criminal offense, that it be distinctly shown that the alleged offense was committed prior to the suing out of the accusation. Rivers v. State, 55 Ga. App. 290, 189 S.E. 923 (1937).
BURDEN OF PROVING TIMING OF ACCUSATION ON STATE. --Burden is as much upon the state to prove affirmatively that the accusation was subsequent in time to the commission of the alleged offense, as it is to show that the offense did not so far antedate the accusation as to be barred by the statute of limitations, the failure to prove either being fatal to the state's cause. Rivers v. State, 55 Ga. App. 290, 189 S.E. 923 (1937).
RESEARCH REFERENCES
ALR. --Joinder of counts for theft of property, or receiving stolen property, belonging to different persons, 18 ALR 1077.
Unlawful arrest as bar to prosecution under subsequent indictment or information, 56 ALR 260.
Mistaken belief as to constitutionality or unconstitutionality of statute as affecting criminal responsibility, 61 ALR 1153.
Substitution by mistake of name of person other than defendant for defendant's name in indictment, information, or other criminal accusation, 79 ALR 219.
Effect of unauthorized amendment of criminal information or indictment, 101 ALR 1254.
Indictment or information which has been dismissed by prosecuting attorney as susceptible of reinstatement, 112 ALR 386.
Failure or refusal of grand jury upon investigation to find indictment as affecting right to file information, 120 ALR 713.
Error in naming the offense covered by allegations of specific facts in complaint, indictment, or information, 121 ALR 1088.
Ruling against defendant's attack upon indictment or information as subject to review by higher court, before trial, 133 ALR 934.
Right of accused to attack indictment or information after reversal or setting aside of conviction, 145 ALR 493.
Habeas corpus as remedy where one is convicted, upon plea of guilty or after trial, of offense other than one charged in indictment or information, 154 ALR 1135.
Form and sufficiency of allegations as to time, place, or court of prior offenses or convictions, under habitual criminal act or statute enhancing punishment for repeated offenses, 80 ALR2d 1196.
Power of court to make or permit amendment of indictment with respect to allegations as to time, 14 ALR3d 1297.
Necessity of alleging in indictment or information limitation-tolling facts, 52 ALR3d 922.
Use of abbreviation in indictment or information, 92 ALR3d 494.
OFFENSE MUST BE SHOWN TO HAVE BEEN COMMITTED BEFORE ACCUSATION SUED OUT. --It is essential, to sustain a conviction of a criminal offense, that it be distinctly shown that the alleged offense was committed prior to the suing out of the accusation. Rivers v. State, 55 Ga. App. 290, 189 S.E. 923 (1937).
BURDEN OF PROVING TIMING OF ACCUSATION ON STATE. --Burden is as much upon the state to prove affirmatively that the accusation was subsequent in time to the commission of the alleged offense, as it is to show that the offense did not so far antedate the accusation as to be barred by the statute of limitations, the failure to prove either being fatal to the state's cause. Rivers v. State, 55 Ga. App. 290, 189 S.E. 923 (1937).
RESEARCH REFERENCES
ALR. --Joinder of counts for theft of property, or receiving stolen property, belonging to different persons, 18 ALR 1077.
Unlawful arrest as bar to prosecution under subsequent indictment or information, 56 ALR 260.
Mistaken belief as to constitutionality or unconstitutionality of statute as affecting criminal responsibility, 61 ALR 1153.
Substitution by mistake of name of person other than defendant for defendant's name in indictment, information, or other criminal accusation, 79 ALR 219.
Effect of unauthorized amendment of criminal information or indictment, 101 ALR 1254.
Indictment or information which has been dismissed by prosecuting attorney as susceptible of reinstatement, 112 ALR 386.
Failure or refusal of grand jury upon investigation to find indictment as affecting right to file information, 120 ALR 713.
Error in naming the offense covered by allegations of specific facts in complaint, indictment, or information, 121 ALR 1088.
Ruling against defendant's attack upon indictment or information as subject to review by higher court, before trial, 133 ALR 934.
Right of accused to attack indictment or information after reversal or setting aside of conviction, 145 ALR 493.
Habeas corpus as remedy where one is convicted, upon plea of guilty or after trial, of offense other than one charged in indictment or information, 154 ALR 1135.
Form and sufficiency of allegations as to time, place, or court of prior offenses or convictions, under habitual criminal act or statute enhancing punishment for repeated offenses, 80 ALR2d 1196.
Power of court to make or permit amendment of indictment with respect to allegations as to time, 14 ALR3d 1297.
Necessity of alleging in indictment or information limitation-tolling facts, 52 ALR3d 922.
Use of abbreviation in indictment or information, 92 ALR3d 494.