2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 10 - Sentence and Punishment
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-13. Legal Adjudication of Guilt in Court Having Jurisdiction to Precede Assessment of Punishment
The punishments prescribed by this Code shall be assessed only after a legal adjudication of guilt in a court having jurisdiction.
(Penal Code 1895, § 20; Penal Code 1910, § 20; Code 1933, § 27-2509.)
Law reviews.- For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979). For annual survey of death penalty decisions, see 57 Mercer L. Rev. 139 (2005); 58 Mercer L. Rev. 111 (2006).
JUDICIAL DECISIONS
Former Code 1933, §§ 89-9907 and 89-9908 (see O.C.G.A. § 45-11-4), dealing with malpractice in office, must be construed with former Code 1933, § 27-2509 (see O.C.G.A. § 17-10-13). When thus construed, former Code 1933, §§ 89-9907 and 89-9908 meant that any of the officers charged with the offense therein named shall, upon a legal conviction in a court having jurisdiction, be punished as for a misdemeanor and removed from office. Cargile v. State, 67 Ga. App. 610, 21 S.E.2d 326 (1942).
Former Code 1933, §§ 89-9907 and 89-9908 (see O.C.G.A. § 45-11-4) meant that former Code 1933, § 27-2509 (see O.C.G.A. § 17-10-13) was made sufficiently definite to meet the requirements of a valid penal law when construed with other provisions of the code. Cargile v. State, 67 Ga. App. 610, 21 S.E.2d 326 (1942).
Cited in Cargile v. State, 194 Ga. 20, 20 S.E.2d 416 (1942); Jackson v. Houston, 200 Ga. 399, 37 S.E.2d 399 (1946); DeFrancis v. Manning, 246 Ga. 307, 271 S.E.2d 209 (1980).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 467 et seq., 478 et seq. 21A Am. Jur. 2d, Criminal Law, § 831 et seq.
ALR.- Guilty plea as affected by fact that sentence contemplated by plea bargain is subsequently determined to be illegal or unauthorized, 87 A.L.R.4th 384.
