2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 3 - Limitations on Prosecution
- For annual survey on criminal law and procedure, see 42 Mercer L. Rev. 141 (1990).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 27-601 are included in the annotations for this chapter.
State must show crime committed before accusation.
- 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) (decided under former Code 1933, § 27-601).
Burden on state to show accusation made within statute of limitations and after crime.
- 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) (decided under former Code 1933, § 27-601).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 37, 144 et seq.
C.J.S.- 22A C.J.S., Criminal Procedure and Rights of the Accused, § 589 et seq.
ALR.
- Burden on state to show that crime was committed within limitation period, 13 A.L.R. 1446.
Power of court to amend indictment, 68 A.L.R. 928.
Right of prosecution to review of decision quashing or dismissing indictment or information, or sustaining demurrer thereto, 92 A.L.R. 1137.
Construction and application of phrase "fleeing from justice" or similar phrase in exception to statutory limitation of time for criminal prosecution after commission of offense, 124 A.L.R. 1049.
Accessories to crimes enumerated in statute of limitations respecting prosecution for criminal offenses, as within contemplation of statute, 160 A.L.R. 395.
Limitations statute applicable to criminal contempt proceedings, 38 A.L.R.2d 1131.
When statute of limitations begins to run against action for conversion of property by theft, 79 A.L.R.3d 847.
Issuance or service of state-court arrest warrant, summons, citation, or other process as tolling criminal statute of limitations, 71 A.L.R.4th 554.
Waivability of bar of limitations against criminal prosecution, 78 A.L.R.4th 693.
