Title 17 — Criminal Procedure

Requisition. Who application for requisition made by, §17-13-1. MEDICAL EXAMINATIONS. Forensic medical examination. Free examinations, victims’ right, §17-5-72. Responsibility for cost, §17-15-15.

Transcript of testimony, §17-8-5. Escapees from correctional institutions. Testimony of other inmates at trial of, §17-8-50. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Felony cases. Recordation of testimony, §17-8-5. 1592 INDEX CRIMI…

Bail after waiver of hearing. Entry of memorandum on warrant, §17-6-16. Bail bond posted for hearing. Use for trial appearance, §17-6-14. Granting of bail where hearing delayed, §17-7-24. Commitment of accused for offense other than that stated in warrant, §17-7-29. CRIMINAL LAW …

Proceedings upon plea, §17-7-131. Competency to stand trial. Accused found mentally incompetent to stand trial, §17-7-130. 1581 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Competency to stand trial —Cont’d Bona fide doubt as to competency. Court’s duty to inquired into competency, §1…

Pandering. By compulsion. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Pimping. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Trafficking of …

The following form, or one in substance the same, shall be deemed to be a sufficient commitment: Georgia, County. (name of the defendant) having been arrested on a warrant for the offense of and brought before me, after hearing evidence it is ordered that he be committed for tria…

Whenever any judicial officer sitting as a court of inquiry binds over a defendant to appear at an appropriate court to answer any charge, it shall be the duty of the judicial officer to write on the warrant the names of each witness for the state who appeared at the commitment h…

Evidence, §17-7-28. Applicability of rules, hearsay admissible, §§17-4-40, 17-7-28. Failure of accused to testify. No presumption, no comment allowed, §17-7-28. Form of commitment, §17-7-30. Disposition, §17-7-32. Hearsay admissible, §17-7-28. Informalities in proceedings. Effect…

Felony cases, §17-10-2. PRESENTMENTS. Special presentments. Against corporations, §17-7-92. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties, §17-7-52. 1632 INDEX PRESENTMENTS —Cont’d Special presentments —Cont’d Pres…

Restitution as condition, §17-14-5. Restitution, §17-14-5. Transfer of case from superior court to juvenile court. Failure to timely present case to grand jury, §17-7-50.1. JUVENILE DETENTION FACILITIES. Arrested persons. Transportation to facility by law enforcement officer, §17…

Legal defense for indigents generally, §§17-12-1 to 17-12-80. INDIGENT DEFENSE ACT. Generally, §§17-12-1 to 17-12-80. Short title, §17-12-1. INDIGENT DEFENSE COUNCIL. Public defender council. Generally, §§17-12-1 to 17-12-12.1. INCOME TAXES. Exemptions. Victim compensation, §17-1…

Special presentments. Indictment or special presentment of peace officer for crime in performance of duties, §17-7-52. Witnesses. Discovery in criminal cases. Work location and phone number of officer, §17-16-8. LAW SCHOOLS. Legal defense of indigent defendants. Third-year law st…

State, 282 Ga. 103, 646 S.E.2d 253 (2007). Trial court erred in granting the defendant’s plea in bar because double jeopardy did not bar a second trial on the same charges since the retrial was granted due to an erroneous evidentiary ruling; the order granting a new trial did not…

(a) Every indictment of the grand jury which states the offense in the terms and language of this Code or so plainly that the nature of the offense charged may easily be understood by the jury shall be deemed sufficiently technical and correct. The form of every indictment shall …

Quashing of second grand jury indictment or presentment as bar to further prosecution, §17-7-53.1. Witnesses. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties. Right of officer to testify, §§17-7-52, 17-7-70.1. Materi…

State, 263 Ga. App. 843, 589 S.E.2d 610 (2003). Indictment for misdemeanor battery sufficient. — Trial court correctly denied the defendant’s motion to quash a count alleging misdemeanor battery because the allegations of the count were not too vague, uncertain, or unclear as con…

In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, …

Failure of clerk to record, §17-7-97. Guilty pleas, §17-7-93. Not guilty pleas, §17-7-94. Silence of accused, §17-7-94. Silence of accused. Recordation and effect, §17-7-94. POLYGRAPH EXAMINERS. Polygraph examinations. Sexual assault protocol. Victim’s right to refuse request for…

— For survey article on business associations, see 34 Mercer L. Rev. 13 (1982). For annual survey of cases concerning business associations, see 39 Mercer L. Rev. 53 (1987). For article, ‘‘Individual Accountability for Corporate Crime,’’ see 34 Ga. St. U. L. Rev. 335 (2018).

State, 287 Ga. App. 759, 652 S.E.2d 836 (2007). Trial court properly denied the defendant’s motion to withdraw the defendant’s guilty pleas because the defendant did not move to withdraw the defendant’s guilty pleas until the term of court following the term in which the defendan…

Acts constituting, §17-4-1. Affidavits. Contents, §17-4-41. Form of affidavit for arrest warrant, §17-4-45. Warrants issued by video conference, §17-4-47. 1559 INDEX ARREST —Cont’d Arrested persons, §§17-4-21 to 17-4-27, 17-4-40, 17-4-61. Duty of arresting officer to take before …

Accusations in criminal proceedings, §17-7-71. Arrest warrants, §17-4-46. Affidavit, §17-4-45. Commitment of accused, §17-7-30. Indictments, §17-7-54. FOSTER CARE. Assault. Simple assault committed between foster parents and foster children. Child witnesses. Presence of accused, …

Recordation and pronouncement of judgment, §17-7-93. Withdrawal, §17-7-93. Not guilty pleas. Recordation and effect, §17-7-94. Where demurrer or special plea denied, §17-7-111. Receipt and entering, §17-7-91. Silence of accused. Recordation and effect, §17-7-94. Special pleas, §1…

General provisions, §§17-10-30 to 17-10-44. Mental incompetency to be executed, §§17-10-60 to 17-10-71. Child abandonment. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. Child molestation. Child witnesses. Presence of accused, test…

Judge’s expression or intimation of opinion as to matters proved or guilt of accused. Jury trial, §17-8-57. Mental incompetency to stand trial. Proceedings upon plea of mental incompetency, §17-7-130. Mistrial. Argument of counsel. Improper statements, §17-8-75. Mention of possib…

In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor. History. — Ga. L. 1862-63, p. 138, § 1; Code 1863, § 4592; Code 1868, § 4613; Code 1873, § 4710; Code 1…

When showing for continuance required of state. Consideration of motion for continuance by court generally; allowance of counter-showing to motion. Absence of party as grounds for granting continuance. 17-8-33. 17-8-34. 688 Absence or illness of counsel as grounds for granting co…

In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he has been subpoenaed; that he does not reside more than 100 miles from the place of trial by the nearest practical route; that his t…

Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002). Trial court properly vacated the court’s first nolle prosequi order entered pursuant to O.C.G.A. § 17-8-3 and substituted one entered in open court almost two years later; while a trial court could vacate an order of nolle prosequi a…

Party or attorney in attendance, §17-8-30. General assembly members and staff. Party or attorney in attendance at general assembly, §17-8-26. 1582 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Continuances —Cont’d Grounds for granting —Cont’d General assembly members and staff —Cont’d…

When a case is sent back for trial to a superior, state, or city court by the Supreme Court or Court of Appeals, the case shall be in order for trial; and, if the continuances of either party are exhausted, the trial court may grant one continuance to the party, as the ends of ju…

Date of continuance. Entry upon court docket, §17-8-36. Duration of continuance, §17-8-37. General assembly members and staff. General assembly in session, presence elsewhere required by general assembly duties, §17-8-26. Witness in attendance at general assembly, §17-8-28. Grant…

Cases returned by appellate court for trial, §17-8-34. Where indictment found or accusation made, §17-8-33. Where material witness unavailable, §17-8-33. Where postponement possible to later date in term, §17-8-33. Where required by principles of justice, §17-8-33. Grounds for gr…

When a court grants a continuance of a pending case for whatever cause, the continuance shall extend until the next term of court only. 775 17-8-37 T.17, C.8, A.3 CRIMINAL PROCEDURE History. — Laws 1799, Cobb’s 1851 Digest, p. 486; Code 1863, § 3448; Code 1868, § 3468; Code 1873,…

A case not reached at the trial term stands over as continued. History. — Orig. Code 1863, § 3455; Code 1868, § 3475; Code 1873, § 3526; Code 1882, § 3526; Civil Code 1895, § 5133; Civil Code 1910, § 5719; Code 1933, § 81-1414.

State, 219 Ga. App. 732, 466 S.E.2d 641 (1995). Prejudicial testimony by codefendant. — Claim that codefendant’s testimony implicating the defendant was prejudicial did not amount to the clear showing of prejudice and denial of due process necessary to require a severance. Kenned…

Criminal bonds, §§17-6-30 to 17-6-55. T TEACHERS. Arrest warrant issuance for arrest of teacher. Alleged offense committed in performance of duties, §17-4-40. Battery against teacher. Child witnesses. Presence of accused, testimony outside of, §17-8-55. TENDER OF PAYMENT. Bail an…

Harassment of victim or witness in criminal case, §17-17-16. Self-incrimination. Privilege against. Accused. Commitment hearings, §17-7-28. Temporary restraining orders. Harassment of victim or witness in criminal case, §17-17-16. Transcript of testimony. Death penalty cases, §17…

(a) The following oath shall be administered to witnesses in criminal cases: ‘‘Do you solemnly swear or affirm that the evidence you shall give to the court and jury in the matter now pending before the court shall be the truth, the whole truth, and nothing but the truth? So help…

Requirement of announcement by state prior to announcement by defendant, §17-7-172. Separate trials. Codefendants, §17-8-4. Special presentments to be presented to jury, §17-8-2. Speedy trial. Capital cases. Demand, filing, §17-7-171. Discharge for lack of timely prosecution, §17-…

Administration of corporal punishment in schools, §§ 20-2-731, 20-2-732. Editor’s notes. — Ga. L. 1995, p. 957, § 1, not codified by the General Assembly, provides: ‘‘This Act shall be known and may be cited as the ‘Child Protection Act of 1995’.’’ Ga. L. 1999, p. 381, § 1, not c…

State, 236 Ga. App. 122, 511 S.E.2d 223 (1999). Trial court did not err in allowing the state a recess to review a point of law and by offering to allow a recess for the state to subpoena a missing file as the scope of O.C.G.A. § 17-8-57 is confined to matters occurring before the …

State, 285 Ga. 351, 676 S.E.2d 201 (2009). Instruction on intelligence of witnesses. — Trial court did not commit 856 reversible error, much less ‘‘plain error’’ pursuant to O.C.G.A. § 17-8-58(b), by instructing the jury that the jury could consider the intelligence of the witnes…

(a) Any judge of a municipal court of any municipality of this state or any judge hearing cases for any such court wherein a municipal court is a court of first instance in criminal cases shall have the authority to seal, to all persons except criminal justice officials, all crimi…

Not more than two counsel shall be permitted to argue any case for each side, except by express leave of the court. In no case shall more than one counsel for each side be heard in conclusion. History. — Ga. L. 1924, p. 75, § 1; Code 1933, § 27-2202.

State, 264 Ga. 879, 452 S.E.2d 745, cert. denied, 516 U.S. 829, 116 S. Ct. 100, 133 L. Ed. 2d 54 (1995). Right granted to defendants who introduce no evidence does not deny equal protection. — Allowance of an accused who has not introduced evidence to have the opening and closing…

State, 281 Ga. App. 354, 636 S.E.2d 60 (2006), cert. denied, No. S07C0087, 2007 Ga. LEXIS 106 (Ga. 2007). Presumption of harm not rebutted. — Although defense counsel was not completely cut off from making a closing argument on the defendant’s behalf, the trial court erred in not…

If, before argument begins, counsel on either side applies to the court for an extension of the time prescribed for argument and states in his place or on oath, in the discretion of the court, that he cannot do the case justice within the time prescribed and that it will require …

State, 165 Ga. App. 13, 299 S.E.2d 87 (1983). Trial court did not err by allowing the state to make improper and prejudicial comments during the defendant’s trial on drug-related offenses as defense counsel only objected to the prosecutor’s statement recounting defendant’s previo…

State, 253 Ga. 346, 320 S.E.2d 147 (1984), cert. denied, 470 U.S. 1088, 105 S. Ct. 1854, 85 L. Ed. 2d 151 (1985). Viewed in context, the prosecutor’s statements during closing argument merely served to remind the jury that the jurors were to be concerned with the defendant’s guil…