2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 1 - General Provisions
§ 16-1-6. Conviction for Lesser Included Offenses

An accused may be convicted of a crime included in a crime charged in the indictment or accusation. A crime is so included when:

1. It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the crime charged; or
2. It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.

(Code 1933, § 26-505, enacted by Ga. L. 1968, p. 1249, § 1.)

- For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For annual survey on criminal law and procedure, 42 Mercer L. Rev. 141 (1990). For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B. J. 124 (1970).

ANALYSIS

• General Consideration
• Armed Robbery
• Assault
• Controlled Substances
• Kidnapping
• Murder
• Rape
• Child Molestation
• Other Offenses Involving Children
• Other Property Offenses
• Vehicular Offenses
• Miscellaneous Crimes

OPINIONS OF THE ATTORNEY GENERAL

Separate prosecutions for municipal and state law violations.

- An accused arrested for separate non-included offenses arising out of a single transaction, which violate municipal ordinances and state law respectively, may be prosecuted first in the recorder's court for the municipal ordinance violations, and then transferred to the superior court to be prosecuted for the separate state violations, without violating statutory or constitutional double jeopardy prohibitions. 1986 Op. Att'y Gen. No. U86-32.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 299 et seq. 41 Am. Jur. 2d, Indictments and Informations, §§ 106, 282.

- 42 C.J.S., Indictments and Informations, § 298 et seq.

- Conviction or acquittal of larceny as bar to prosecution for burglary, 19 A.L.R. 626.

Pendency in one county of charge of larceny as bar to subsequent charge in another county of offense which involves both felonious breaking and felonious taking of same property, 19 A.L.R. 636.

Duty to charge as to reasonable doubt as between different degrees of crime or included offenses, 20 A.L.R. 1258.

Forgery of names of several individuals to the same instrument as more than one offense, 33 A.L.R. 562.

Acquittal or conviction of one offense in connection with operation of automobile as bar to prosecution for another, 44 A.L.R. 564; 172 A.L.R. 1053.

Acquittal or conviction of assault and battery as bar to prosecution for rape, or assault with intent to commit rape, based on same transaction, 78 A.L.R. 1213.

Conviction of lesser offense, against which statute of limitations has run, where statute has not run against offense with which defendant is charged, 47 A.L.R.2d 887.

Application of felony-murder doctrine where the felony relied upon is an includible offense with the homicide, 40 A.L.R.3d 1341.

When should jury's deliberation proceed from charged offense to lesser-included offense, 26 A.L.R.5th 603.

Propriety of lesser-included-offense charge to jury in federal prosecution for crime involving property rights, 105 A.L.R. Fed. 669.

Propriety of lesser-included-offense charge in federal prosecution of narcotics defendant, 106 A.L.R. Fed. 236.