2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 7 - Pretrial Proceedings
Article 3 - Indictments
§ 17-7-55. Empaneling Concurrent Grand Juries
In any term of court when the public interest requires it, the court may empanel one or more concurrent grand juries in accordance with Part 1 of Article 4 of Chapter 12 of Title 15.
(Code 1981, §17-7-55, enacted by Ga. L. 2003, p. 154, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 38 Am. Jur.2d, Grand jury, § 7 et seq.
C.J.S.- 38A C.J.S., Grand juries, § 13 et seq.
ARTICLE 4 ACCUSATIONS
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 A.L.R. 1077.
Unlawful arrest as bar to prosecution under subsequent indictment or information, 56 A.L.R. 260.
Mistaken belief as to constitutionality or unconstitutionality of statute as affecting criminal responsibility, 61 A.L.R. 1153.
Substitution by mistake of name of person other than defendant for defendant's name in indictment, information, or other criminal accusation, 79 A.L.R. 219.
Effect of unauthorized amendment of criminal information or indictment, 101 A.L.R. 1254.
Indictment or information which has been dismissed by prosecuting attorney as susceptible of reinstatement, 112 A.L.R. 386.
Failure or refusal of grand jury upon investigation to find indictment as affecting right to file information, 120 A.L.R. 713.
Error in naming the offense covered by allegations of specific facts in complaint, indictment, or information, 121 A.L.R. 1088.
Ruling against defendant's attack upon indictment or information as subject to review by higher court, before trial, 133 A.L.R. 934.
Right of accused to attack indictment or information after reversal or setting aside of conviction, 145 A.L.R. 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 A.L.R. 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 A.L.R.2d 1196.
Power of court to make or permit amendment of indictment with respect to allegations as to time, 14 A.L.R.3d 1297.
Necessity of alleging in indictment or information limitation-tolling facts, 52 A.L.R.3d 922.
Use of abbreviation in indictment or information, 92 A.L.R.3d 494.
