2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 3 - Limitations on Prosecution
§ 17-3-3. Other Exclusions

If an indictment is found within the time provided for in Code Section 17-3-1 or 17-3-2, or other applicable statute, and is quashed or a nolle prosequi entered, the limitation shall be extended six months from the time the first indictment is quashed or the nolle prosequi entered.

(Code 1933, § 26-504, enacted by Ga. L. 1968, p. 1249, § 1.)

- For survey article on death penalty decisions from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 175 (2003). For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004).

ANALYSIS

• General Consideration
• Decisions Under Former Code 1933, § 27-601 After Enactment of Ga. L. 1968, p. 1249
• Decisions Under Former Code 1933, § 27-601 Before Enactment of Ga. L. 1968, p. 1249
• Decisions Under Former Penal Code 1910, § 30

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 37, 144 et seq.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 1 et seq.

- Burden on state to show that crime was committed within limitation period, 13 A.L.R. 1446.

Right of prosecution to review of decision quashing or dismissing indictment or information, or sustaining demurrer thereto, 92 A.L.R. 1137.

Nolle prosequi or discontinuance of prosecution in one court and instituting new prosecution in another court of coordinate jurisdiction, 117 A.L.R. 423.

Necessity of alleging in indictment or information limitation-tolling facts, 52 A.L.R.3d 922.

When statute of limitations begins to run against action for conversion of property by theft, 79 A.L.R.3d 847.

Finding or return of indictment, or filing of information, as tolling limitation period, 18 A.L.R.4th 1202.

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.