10 Georgia opinions name it 2 courts 1938–2013 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bell v. Stategreen2 sentences1996Accordingly, where, as here, the State seeks to prosecute a defendant for two offenses in a single prosecution, “one of which is *47 included in the other, and the defendant receives a mistrial on the greater offense, the remaining conviction of the lesser offense does not bar retrial of the greater offense.” Bell v. State, 249 Ga. 644, 647 (3) ( 292 SE2d 402 ) (1982). 1996Accordingly, where, as here, the State seeks to prosecute a defendant for two offenses in a single prosecution, “one of which is *47 included in the other, and the defendant receives a mistrial on the greater offense, the remaining conviction of the lesser offense does not bar retrial of the greater offense.” Bell v. State, 249 Ga. 644, 647 (3) ( 292 SE2d 402 ) (1982). | 1 | 2 |
Taylor v. Stategreen2 sentences2013See also Taylor v. State, 238 Ga. App. 753 ( 520 SE2d 267 ) (1999). 2013See also Taylor v. State, 238 Ga. App. 753 ( 520 SE2d 267 ) (1999). | 1 | 1 |
State v. LeMaygreen2 sentences1996See also State v. LeMay, 186 Ga. App. 146 (1) ( 367 SE2d 61 ) (1988). 1996See also State v. LeMay, 186 Ga. App. 146 (1) ( 367 SE2d 61 ) (1988). | 1 | 1 |
Daniel v. Stategreen2 sentences1995See Daniel v. State, 248 Ga. 271 (1) ( 282 SE2d 314 ) (1981) (failure to charge on a lesser offense is not error, in the absence of a written request). 1995See Daniel v. State, 248 Ga. 271 (1) ( 282 SE2d 314 ) (1981) (failure to charge on a lesser offense is not error, in the absence of a written request). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rower v. State
green
1 sentence2013We rejected defendant’s argument, holding: “[Wjhere, as here, the State seeks to prosecute a defendant for two offenses in a single prosecution, ‘one of which is included in the other, and the defendant receives a mistrial on the greater offense, the remaining conviction of the lesser offense does not bar retrial of the greater offense.’ ” Id. at 46-47 . | 1 | 2013–2013 |
Dixon v. State
green
2 sentences2004Webb contends that he should have been sentenced on the lesser offense under the principle of “lenity.” This principle, discussed in Dixon v. State, 278 Ga. 4 ( 596 SE2d 147 ) (2004), applies when two statutes governing the same conduct are conflicting “with respect to their prescribed punishments.” Id. at 7 (1) (d). 2004Webb contends that he should have been sentenced on the lesser offense under the principle of “lenity.” This principle, discussed in Dixon v. State, 278 Ga. 4 ( 596 SE2d 147 ) (2004), applies when two statutes governing the same conduct are conflicting “with respect to their prescribed punishments.” Id. at 7 (1) (d). | 1 | 2004–2004 |
White v. State
green
2 sentences1982Pretermitting the question of whether appellant can raise on appeal to a charge given by the court where at trial he expressly stated, in response to a question by the court, that he had no objections or exceptions (See White v. State, 243 Ga. 250 ( 253 SE2d 694 )), we will address the issue of whether the jury’s finding of the lesser offense was error. 1982Pretermitting the question of whether appellant can raise on appeal to a charge given by the court where at trial he expressly stated, in response to a question by the court, that he had no objections or exceptions (See White v. State, 243 Ga. 250 ( 253 SE2d 694 )), we will address the issue of whether the jury’s finding of the lesser offense was error. | 1 | 1982–1982 |
State v. Stonaker
green
2 sentences1976State v. Stonaker, 236 Ga. 1 ( 222 SE2d 354 ). 1976State v. Stonaker, 236 Ga. 1 ( 222 SE2d 354 ). | 1 | 1976–1976 |
Russell v. Southern Railway Co.
green
2 sentences1976Dutton v. State, 228 Ga. 850 ( 188 SE2d 794 ); Knight v. State, 52 Ga. App. 199 ( 182 SE 684 ). 5. 1976Dutton v. State, 228 Ga. 850 ( 188 SE2d 794 ); Knight v. State, 52 Ga. App. 199 ( 182 SE 684 ). 5. | 1 | 1976–1976 |
Knight v. State
green
2 sentences1976Dutton v. State, 228 Ga. 850 ( 188 SE2d 794 ); Knight v. State, 52 Ga. App. 199 ( 182 SE 684 ). 5. 1976Dutton v. State, 228 Ga. 850 ( 188 SE2d 794 ); Knight v. State, 52 Ga. App. 199 ( 182 SE 684 ). 5. | 1 | 1976–1976 |
Dutton v. State
green
2 sentences1976Dutton v. State, 228 Ga. 850 ( 188 SE2d 794 ); Knight v. State, 52 Ga. App. 199 ( 182 SE 684 ). 5. 1976Dutton v. State, 228 Ga. 850 ( 188 SE2d 794 ); Knight v. State, 52 Ga. App. 199 ( 182 SE 684 ). 5. | 1 | 1976–1976 |
Harris v. State
green
2 sentences1975Harris v. State, 75 Ga. App. 199 (2) ( 43 SE2d 110 ). 1975Harris v. State, 75 Ga. App. 199 (2) ( 43 SE2d 110 ). | 1 | 1975–1975 |
Jackson v. State
green
2 sentences1938While it is true that the offense of assault with intent to rape does not necessarily include the offense of assault and battery (Watkins v. State, 68 Ga. 832 ; Jackson v. State, 91 Ga. 322 , 18 S. E. 132 ), yet an indictment for such offense may so describe tire manner of its commission as to contain allegations essential to constitute a charge of the lesser crime of assault and battery. 1938While it is true that the offense of assault with intent to rape does not necessarily include the offense of assault and battery (Watkins v. State, 68 Ga. 832 ; Jackson v. State, 91 Ga. 322 , 18 S. E. 132 ), yet an indictment for such offense may so describe tire manner of its commission as to contain allegations essential to constitute a charge of the lesser crime of assault and battery. | 1 | 1938–1938 |
Watson v. State
green
2 sentences1938In order to justify a conviction of a lesser offense under this principle, it “must either necessarily be included in a general charge of the greater; or if it may or may not be, then the averments of the indictment describing the manner in which the greater offense was committed must contain allegations essential to constitute a charge of the lesser.” Watson v. State, 116 Ga. 607 ( 43 S. E. 32 ). 1938In order to justify a conviction of a lesser offense under this principle, it “must either necessarily be included in a general charge of the greater; or if it may or may not be, then the averments of the indictment describing the manner in which the greater offense was committed must contain allegations essential to constitute a charge of the lesser.” Watson v. State, 116 Ga. 607 ( 43 S. E. 32 ). | 1 | 1938–1938 |
Watkins v. State
green
1 sentence1938While it is true that the offense of assault with intent to rape does not necessarily include the offense of assault and battery (Watkins v. State, 68 Ga. 832 ; Jackson v. State, 91 Ga. 322 , 18 S. E. 132 ), yet an indictment for such offense may so describe tire manner of its commission as to contain allegations essential to constitute a charge of the lesser crime of assault and battery. | 1 | 1938–1938 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.