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17 chapters · 727 sections in this title.
O.C.G.A. § 16-5-1 Murder; malice murder; felony murder; murder in the second degree
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(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. (b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested b…
O.C.G.A. § 16-5-2 Cash v
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State, 258 Ga. 460, 368 S.E.2d 756 (1988). Charge placing burden of persuasion of self-defense on defendant violates due process. — When absence of self-defense is an essential element of the crime of voluntary manslaughter, and the trial court’s charge operates to place the burd…
O.C.G.A. § 16-5-23.1 Smith v
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State, 277 Ga. 95, 586 S.E.2d 629 (2003). When the evidence established more Application (Cont’d) 1. In General (Cont’d) than defendant’s mere presence at the scene of the crimes, the evidence was sufficient to find defendant guilty beyond a reasonable doubt of felony murder and …
O.C.G.A. § 16-5-3 Involuntary manslaughter
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(a) A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involunta…