2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 7 - Pretrial Proceedings
Article 3 - Indictments
§ 17-7-54. Form of Indictment by Grand Jury
- Every indictment of the grand jury which states the offense in the terms and language of this Code or so plainly that the nature of the offense charged may easily be understood by the jury shall be deemed sufficiently technical and correct. The form of every indictment shall be substantially as follows:
Georgia, ______________ County.
The grand jurors selected, chosen, and sworn for the County of ______________, to wit: ______________, in the name and behalf of the citizens of Georgia, charge and accuse (name of the accused) of the county and state aforesaid with the offense of ______________; for that the said (name of the accused) (state with sufficient certainty the offense and the time and place of committing the same), contrary to the laws of said state, the good order, peace, and dignity thereof.
- If there should be more than one count, each additional count shall state:
And the jurors aforesaid, in the name and behalf of the citizens of Georgia, further charge and accuse (name of the accused) with having committed the offense of ______________; for that the said (name of the accused) (state with sufficient certainty the offense and the time and place of committing the same) contrary to the laws of said state, the good order, peace, and dignity thereof.
(Laws 1833, Cobb's 1851 Digest, p. 833; Code 1863, § 4516; Code 1868, § 4535; Code 1873, § 4628; Code 1882, § 4628; Penal Code 1895, § 929; Penal Code 1910, § 954; Code 1933, § 27-701.)
Law reviews.- For article, "The Necessity of Negativing Exceptions in a Criminal Indictment," see 16 Ga. B.J. 25 (1953). For survey article on death penalty law, see 59 Mercer L. Rev. 123 (2007). For comment on Lyles v. State, 215 Ga. 229, 109 S.E.2d 785 (1959), see 11 Mercer L. Rev. 237 (1959).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Multiple Counts
- Pleading in the Alternative; More than One Way to Commit Offense
- Variance
- Particular Offenses
RESEARCH REFERENCES
ALR.
- Variance between name in bail bond and in judgment of forfeiture, 20 A.L.R. 411.
Necessity of naming owner of building in indictment or information for burglary, 20 A.L.R. 510; 169 A.L.R. 887.
Description in indictment for perjury of proceeding in which perjury was committed, 24 A.L.R. 1137.
Power of court to pass on competency, legality, or sufficiency of evidence on which indictment is based, 31 A.L.R. 1479.
Quashing indictment for lack or insufficiency of evidence before grand jury, 59 A.L.R. 567.
Statutes regarding form or substance of indictment as violation of constitutional requirement of "indictment," 69 A.L.R. 1392.
Sufficiency of general averment in indictment or information for perjury that the false statement was material, 80 A.L.R. 1443.
Necessity in indictment charging violation of statute regarding wages, or hours, of naming particular employees, 81 A.L.R. 76.
Joinder in same indictment of defendant charged singly with one offense and codefendant charged jointly with him with another offense, 82 A.L.R. 484.
Necessity of alleging specific facts or means in indictment or information charging one as accessory before or after the fact, 116 A.L.R. 1104.
Error in naming the offense covered by allegations of specific facts in complaint, indictment, or information, 121 A.L.R. 1088.
Necessity of alleging in information or indictment that act was "unlawful," 169 A.L.R. 166.
Necessity and materiality of statement of place of death in indictment or information charging homicide, 59 A.L.R.2d 901.
Sufficiency of description of stolen property in indictment or information for receiving it, 99 A.L.R.2d 813.
Power of court to make or permit amendment of indictment with respect to allegations as to time, 14 A.L.R.3d 1297.
Power of court to make or permit amendment of indictment with respect to allegations as to place, 14 A.L.R.3d 1335.
Power of court to make or permit amendment of indictment with respect to allegations as to name, status, or description of persons or organizations, 14 A.L.R.3d 1358.
Sufficiency of indictment, information, or other form of criminal complaint, omitting or misstating middle name or initial of person named therein, 15 A.L.R.3d 968.
Power of court to make or permit amendment of indictment with respect to allegations as to property, objects, or instruments, other than money, 15 A.L.R.3d 1357.
Power of court to make or permit amendment of indictment, 17 A.L.R.3d 1181.
Power of court to make or permit amendment of indictment with respect to allegations as to prior convictions, 17 A.L.R.3d 1265.
Power of court to make or permit amendment of indictment with respect to allegations as to nature of activity, happening, or circumstances, 17 A.L.R.3d 1285.
Grand jury: admission of hearsay evidence incompetent at trial as affecting, in absence of statutory regulation, validity of indictment or conviction, 37 A.L.R.3d 612.
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.
