2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 1 - Homicide


ARTICLE 1 HOMICIDE

Cross references.

- Jurisdiction of state over homicides where act causing death or death itself occurs within state, § 17-2-1.

Administrative penalties for killing or injuring another person while hunting, § 27-2-25.1.

Denial of right of person who commits murder or voluntary manslaughter to receive benefits from insurance policy on life of victim, § 33-25-13.

Homicide by vehicle, § 40-6-393.

Actions for wrongful death, T. 51, C. 4.

Right of individual who feloniously and intentionally kills or conspires to kill to inherit, § 53-1-5.

Law reviews.

- For article, "From the Crime Scene to the Courtroom: The Future of Forensic Science Reform: The Overdose/Homicide Epidemic," see 34 Ga. St. U. L. Rev. 983 (2018). For note, "Heating Up and Cooling Down: Modifying the Provocation Defense by Expanding Cooling Time," see 54 Ga. L. Rev. 761 (2020).

JUDICIAL DECISIONS

Lack of causal relationship between wound and death.

- It is a defense in prosecution for unjustifiable homicide that there was no causal relationship between wound inflicted and death, and that death resulted from completely independent cause. Styles v. State, 118 Ga. App. 445, 164 S.E.2d 156 (1968).

Charge as to both murder and manslaughter where warranted by evidence.

- If there is any doubt as to whether offense is murder or manslaughter, however slight, the court should instruct as to both when requested in writing. Spradlin v. State, 151 Ga. App. 585, 260 S.E.2d 517 (1979), overruled on other grounds, Bangs v. State, 198 Ga. App. 404, 401 S.E.2d 599 (1991), overruled on other grounds, Stewart v. State, 262 Ga. App. 426, 585 S.E.2d 622 (2003).

Where the defendants were accused of firing into a house, killing one occupant and injuring another; one defendant admitted firing into the home, thinking the defendant had killed a man; ballistics reports identified shell casings found at the scene as having been fired from at least two different guns; and DNA testing identified a cap recovered from the scene as having been worn by another defendant, their convictions for felony murder and aggravated assault were supported by sufficient evidence. Culler v. State, 277 Ga. 717, 594 S.E.2d 631 (2004).

Cited in Holloway v. McElroy, 632 F.2d 605 (5th Cir. 1980); Marshall v. State, Ga. , S.E.2d (Sept. 8, 2020).

RESEARCH REFERENCES

Homicide, 7 Am. Jur. Trials 477.

Vehicular Homicide, 13 Am. Jur. Trials 295.

Forensic Pathology in Homicide Cases, 40 Am. Jur. Trials 501.

Self-Defense in Homicide Cases, 42 Am. Jur. Trials 151.

Transcript of "The Trial of the Century: America vs. Lee Harvey Oswald," 56 Am. Jur. Trials 1.

ALR.

- What amounts to participation in homicide on part of one not the actual perpetrator, who was present without preconcert or conspiracy, 12 A.L.R. 275.

Homicide as affected by time elapsing between wound and death, 20 A.L.R. 1006; 93 A.L.R. 1470.

Criminal responsibility of peace officers for killing or wounding one whom they wished to investigate or identify, 61 A.L.R. 321.

Homicide or assault in connection with negligent operation of automobile or its use for unlawful purpose or in violation of law, 99 A.L.R. 756.

Admissibility on issue of self-defense (or defense of another), on prosecution for homicide or assault, of evidence of specific acts of violence by deceased, or person assaulted, against others than defendant, 121 A.L.R. 380.

Inference of malice or intent to kill where killing is by blow without weapon, 22 A.L.R.2d 854.

Admissibility in homicide prosecution for purpose of showing motive of evidence as to insurance policies on life of deceased naming accused as beneficiary, 28 A.L.R.2d 857.

Homicide by fright or shock, 47 A.L.R.2d 1072.

Homicide by juvenile as within jurisdiction of a juvenile court, 48 A.L.R.2d 663.

Admissibility and propriety, in homicide prosecution, of evidence as to deceased's spouse and children, 67 A.L.R.2d 731.

Necessity that trial court charge upon motive in homicide case, 71 A.L.R.2d 1025.

Applicability of criminal "hit-and-run" statute to accidents occurring on private property, 77 A.L.R.2d 1171.

Motor vehicle operator's criminal responsibility for homicide where he and deceased were racing, though accused's car was not otherwise involved in the collision or incident, 82 A.L.R.2d 463.

Homicide: presumption of deliberation or premeditation from the fact of killing, 86 A.L.R.2d 656.

Homicide: failure to provide medical or surgical attention, 100 A.L.R.2d 483.

Insulting words as provocation of homicide or as reducing the degree thereof, 2 A.L.R.3d 1292.

Earlier prosecution for offense during which homicide was committed as bar to prosecution for homicide, 11 A.L.R.3d 834.

Unintentional killing of or injury to third person during attempted self-defense, 55 A.L.R.3d 620.

Homicide as affected by lapse of time between injury and death, 60 A.L.R.3d 1323.

Necessity and effect, in homicide prosecution, of expert medical testimony as to cause of death, 65 A.L.R.3d 283.

Proof of live birth in prosecution for killing newborn child, 65 A.L.R.3d 413.

What constitutes "imminently dangerous" act within homicide statute, 67 A.L.R.3d 900.

Degree of homicide as affected by accused's religious or occult belief in harmlessness of ceremonial or ritualistic acts directly causing fatal injury, 78 A.L.R.3d 1132.

Criminal liability for death of another as result of accused's attempt to kill self or assist another's suicide, 40 A.L.R.4th 702.

Homicide: sufficiency of evidence of mother's neglect of infant born alive, in minutes or hours immediately following unattended birth, to establish culpable homicide, 40 A.L.R.4th 724.

Homicide by causing victim's brain-dead condition, 42 A.L.R.4th 742.

Corporation's criminal liability for homicide, 45 A.L.R.4th 1021.

Homicide: physician's withdrawal of life supports from comatose patient, 47 A.L.R.4th 18.

Homicide: cremation of victim's body as violation of accused's rights, 70 A.L.R.4th 1091.

Admissibility of evidence in homicide case that victim was threatened by other than defendant, 11 A.L.R.5th 831.

Homicide: liability where death immediately results from treatment or mistreatment of injury inflicted by defendant, 50 A.L.R.5th 467.

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