2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 7 - Pretrial Proceedings
Article 5 - Arraignment and Pleas Generally
§ 17-7-94. Recordation and Effect of Plea of "Not Guilty" or of Standing Mute
If the person accused of committing a crime, upon being arraigned, pleads "not guilty" or stands mute, the clerk shall immediately record upon the minutes of the court the plea of "not guilty," together with the arraignment; and the arraignment and plea shall constitute the issue between the accused and the state.
(Laws 1833, Cobb's 1851 Digest, p. 834; Code 1863, § 4525; Code 1868, § 4544; Code 1873, § 4638; Code 1882, § 4638; Penal Code 1895, § 947; Penal Code 1910, § 972; Code 1933, § 27-1405.)
Law reviews.- For article surveying the law in Georgia on admissions, see 8 Mercer L. Rev. 252 (1957).
JUDICIAL DECISIONS
Entry of Alford plea by juvenile.
- Juvenile court erred by denying a juvenile's request to enter an Alford plea since the Georgia General Assembly did not expressly prohibit the entry of Alford pleas in juvenile court, and the juvenile court was required to construe O.C.G.A. § 15-11-580 liberally to ensure the juvenile's best interests. In the Interest of B. C., 333 Ga. App. 763, 777 S.E.2d 52 (2015).
Plea of not guilty forms issue to be tried by jury.
- Under this section, the defendant's plea of not guilty to the first indictment forms an issue to be tried by the jury, and it is the duty of the state to try the defendant upon that issue alone without in effect announcing to the prospective jurors that there also exist other indictments against this defendant for other crimes. Sides v. State, 213 Ga. 482, 99 S.E.2d 884 (1957).
Defendant's refusal to plead.
- Felony murder defendant asserted that the trial court erred in directing the clerk of court to enter a plea of not guilty for the defendant when the defendant declined to enter a plea, stating instead, "I want to plead mute." However, under O.C.G.A. § 17-7-94, if a defendant stands mute, the clerk is required to enter a plea of not guilty. Johnson v. State, 300 Ga. 252, 794 S.E.2d 60 (2016).
Charges to jury that indictment and plea form the issues.
- Charge of the court to the jury that: "neither the indictment nor the plea of not guilty is evidence, and is not to be considered by you as evidence," and that: "the indictment and plea of not guilty form the issues which you, the ladies and gentlemen of the jury, are to determine," is a correct charge of the law. Zilinmon v. State, 234 Ga. 535, 216 S.E.2d 830 (1975), overruled by Drinkard v. Walker, 281 Ga. 211, 636 S.E.2d 530 (2006).
Identification of defendant.
- Since the defendant appeared at arraignment and entered a plea of not guilty, but had not raised the objection that the defendant was not the person named in the indictment, it was reasonable for the jury to infer that the defendant was the person so named. Robinson v. State, 231 Ga. App. 368, 498 S.E.2d 579 (1998).
Charge to jury regarding fact that defendant stood mute at defendant's arraignment.
- Charge to the jury that "to this indictment the defendant has stood mute, which has the same effect as entering a plea of not guilty," when counsel stated that the accused stood mute and waived a jury, and the solicitor (now district attorney) objected to waiving a jury, is not erroneous on grounds that the court failed to inform the jury that the accused also sought to waive the jury, and that the charge could cause the jury to believe that the accused admitted guilt by not pleading not guilty. Bloodworth v. State, 216 Ga. 572, 118 S.E.2d 374 (1961).
Clerk's recordation controls as to when issue is joined.
- It is the clerk's recordation on the minutes which controls as to when issue is joined for purposes of determining whether there has been a denial of the right to a speedy trial. State v. Fly, 193 Ga. App. 190, 387 S.E.2d 347 (1989).
By formally denying the charge, the defendant's plea formed the issue of whether the defendant was or was not guilty of the charge. The prosecutor's initial failure to record it and later refusal to do so did not avoid the issue being joined de jure. State v. Fly, 193 Ga. App. 190, 387 S.E.2d 347 (1989).
Cited in Johnson v. State, 7 Ga. App. 48, 66 S.E. 148 (1909); Kincade v. State, 14 Ga. App. 544, 81 S.E. 910 (1914); Carter v. State, 204 Ga. 242, 49 S.E.2d 492 (1948); McBride v. State, 119 Ga. App. 418, 167 S.E.2d 374 (1969); Brown v. State, 235 Ga. 353, 219 S.E.2d 419 (1975); Mahar v. State, 137 Ga. App. 116, 223 S.E.2d 204 (1975); Jones v. Lee, 244 Ga. 837, 262 S.E.2d 130 (1979); Graves v. State, 269 Ga. 772, 504 S.E.2d 679 (1998); Gregg v. State, 253 Ga. App. 243, 558 S.E.2d 729 (2001); Reedman v. State, 265 Ga. App. 162, 593 S.E.2d 46 (2003).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 574, 584.
C.J.S.- 22 C.J.S., Criminal Procedure and Rights of the Accused, §§ 215 et seq., 250 et seq.
ALR.- Defendant's appeal from plea conviction as affected by prosecutor's failure or refusal to dismiss other pending charges, pursuant to plea agreement, until expiration of time for appeal, 86 A.L.R.3d 1262.
Waiver, after not guilty plea, of jury trial in felony case, 9 A.L.R.4th 695.
