2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 7 - Pretrial Proceedings
Article 5 - Arraignment and Pleas Generally
§ 17-7-92. Service of Notice of Filing of Indictment, Special Presentment, or Accusation Against Corporation; Return of Service; Failure of Corporation to Appear or Enter Plea; Judgment and Execution Against Corporate Property
Whenever an indictment, special presentment, or accusation against a corporation doing business in this state is returned or filed in any court having jurisdiction over the offense, the clerk of the court shall issue an original and copy notice to the defendant corporation of the filing of the indictment, special presentment, or accusation, which copy notice shall be served by a sheriff upon any officer of the corporation who is found in his county; or, if there is no such officer in his county, then service shall be upon any agent of the corporation. The sheriff serving the copy notice shall make an entry of such service on the original notice and return the same to the court from which it issued. Such service shall be deemed service upon the corporation. Upon the return of the notice, executed as provided for in this Code section, the indictment, special presentment, or accusation shall stand for trial. At the trial, if the defendant corporation fails to appear, or appearing, fails to plead, the judge shall cause a plea of not guilty to be entered, and the trial shall proceed as though the defendant had appeared and pleaded. Upon the conviction of any corporation in any such trial, there shall be rendered against it a judgment for the fine imposed, together with the costs of the prosecution. Upon judgment, an execution shall issue against the property of the defendant.
(Ga. L. 1889, p. 120, §§ 1, 2; Penal Code 1895, § 938; Penal Code 1910, § 963; Code 1933, § 27-1001.)
Cross references.- Criminal responsibility of corporations generally, § 16-2-22.
JUDICIAL DECISIONS
This section provided an exception to the general law that the defendants charged with a crime were not served with process. Wells v. Terrell, 121 Ga. 368, 49 S.E. 319 (1904).
Method of service is exclusive, unless service be waived by the corporation. Progress Club v. State, 12 Ga. App. 174, 76 S.E. 1029 (1913).
Accusation is not sufficient. Central Ga. Power Co. v. State, 12 Ga. App. 260, 77 S.E. 107 (1913).
In the absence of waiver of indictment, a corporation can be tried for a crime only upon an indictment or presentment of a grand jury. Progress Club v. State, 12 Ga. App. 174, 76 S.E. 1029 (1913).
Appearance by attorney is waiver.
- Appearance of the corporation voluntarily by the corporation's attorney demurring to an indictment is a waiver. Reeves v. Southern R.R., 121 Ga. 561, 49 S.E. 674, 70 L.R.A. 513, 2 Ann. Cas. 207 (1905).
Service on agent, see Central Ga. Power Co. v. Parnell, 11 Ga. App. 779, 76 S.E. 157 (1912).
Applicability to foreign corporations.
- Foreign corporations doing business in this state come within the scope of this section. Reeves v. Southern Ry., 121 Ga. 561, 49 S.E. 674, 70 L.R.A. 513, 2 Ann. Cas. 207 (1905).
Solicitor general's reliance upon O.C.G.A. § 17-7-92 in the service of an accusation against a foreign corporation which published an allegedly obscene magazine distributed within the state was not clearly unconstitutional and, thus, did not constitute bad faith so as to justify federal interference in the state proceedings. Penthouse Int'l, Ltd. v. Webb, 594 F. Supp. 1186 (N.D. Ga. 1984).
Evidence of who are the officers or directors of a corporation.
- Highest and best evidence of who are officers or board of directors of a corporation is to be found in the minutes of the corporation. Before parol evidence thereof can be introduced over timely and proper objection, the minutes must be produced or accounted for, or some proper foundation laid for the introduction of secondary evidence, when the identity of the officers or board of directors of the corporation is a material and vital fact to be proved in the case. South Ga. Trust Co. v. Crandall, 47 Ga. App. 328, 170 S.E. 333 (1933).
RESEARCH REFERENCES
Am. Jur. 2d.
- 19 Am. Jur. 2d, Corporations, §§ 1139 et seq., 1426 et seq.
ALR.- Who is "managing agent" of domestic corporation within statute providing for service of summons or process thereon, 71 A.L.R.2d 178.
