Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Georgia opinions name it 2 courts 1906–2014 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 |
|---|---|---|
State v. Barkergreen2 sentences2013Jenkins v. State, 278 Ga. 598, 604 (1) (B) ( 604 SE2d 789 ) (2004) (exception to the statute of limitation must be pled in the indictment if the State is relying on one); Jannuzzo v. State, 322 Ga. App. 760, 762 (1) ( 746 SE2d 238 ) (2013) (State alleged in the indictment that the accused and the crime were unknown to the State, tolling the statute); State v. Barker, 277 Ga. App. 84, 87 (3) ( 625 SE2d 500 ) (2005) (indictment is fatally defective if it appears on its face that the statute oflimitation has run unless the indictment also alleges one or more of the exceptions which would remove t 2013Jenkins v. State, 278 Ga. 598, 604 (1) (B) ( 604 SE2d 789 ) (2004) (exception to the statute of limitation must be pled in the indictment if the State is relying on one); Jannuzzo v. State, 322 Ga. App. 760, 762 (1) ( 746 SE2d 238 ) (2013) (State alleged in the indictment that the accused and the crime were unknown to the State, tolling the statute); State v. Barker, 277 Ga. App. 84, 87 (3) ( 625 SE2d 500 ) (2005) (indictment is fatally defective if it appears on its face that the statute oflimitation has run unless the indictment also alleges one or more of the exceptions which would remove t | 2 | 2 |
Jenkins v. Stategreen2 sentences2013Jenkins v. State, 278 Ga. 598, 604 (1) (B) ( 604 SE2d 789 ) (2004) (exception to the statute of limitation must be pled in the indictment if the State is relying on one); Jannuzzo v. State, 322 Ga. App. 760, 762 (1) ( 746 SE2d 238 ) (2013) (State alleged in the indictment that the accused and the crime were unknown to the State, tolling the statute); State v. Barker, 277 Ga. App. 84, 87 (3) ( 625 SE2d 500 ) (2005) (indictment is fatally defective if it appears on its face that the statute oflimitation has run unless the indictment also alleges one or more of the exceptions which would remove t 2013Jenkins v. State, 278 Ga. 598, 604 (1) (B) ( 604 SE2d 789 ) (2004) (exception to the statute of limitation must be pled in the indictment if the State is relying on one); Jannuzzo v. State, 322 Ga. App. 760, 762 (1) ( 746 SE2d 238 ) (2013) (State alleged in the indictment that the accused and the crime were unknown to the State, tolling the statute); State v. Barker, 277 Ga. App. 84, 87 (3) ( 625 SE2d 500 ) (2005) (indictment is fatally defective if it appears on its face that the statute oflimitation has run unless the indictment also alleges one or more of the exceptions which would remove t | 2 | 2 |
Horton v. Hendrixgreen2 sentences2014Evans argues that the trial court erred in charging the jury that “Count one of the accusation is a violation of the Georgia Controlled Substances Act, which provides that it is unlawful for any person to possess, or have under one’s control any quantity of codeine, which is a controlled substance.” 7 “In reviewing an allegedly erroneous jury instruction, we apply the ‘plain legal error’ standard of review.” (Citation and punctuation omitted.) Horton v. Hendrix, 291 Ga. App. 416, 418 (1) ( 662 SE2d 227 ) (2008). 2014Evans argues that the trial court erred in charging the jury that “Count one of the accusation is a violation of the Georgia Controlled Substances Act, which provides that it is unlawful for any person to possess, or have under one’s control any quantity of codeine, which is a controlled substance.” 7 “In reviewing an allegedly erroneous jury instruction, we apply the ‘plain legal error’ standard of review.” (Citation and punctuation omitted.) Horton v. Hendrix, 291 Ga. App. 416, 418 (1) ( 662 SE2d 227 ) (2008). | 1 | 1 |
Jannuzzo v. Stategreen2 sentences2013Jenkins v. State, 278 Ga. 598, 604 (1) (B) ( 604 SE2d 789 ) (2004) (exception to the statute of limitation must be pled in the indictment if the State is relying on one); Jannuzzo v. State, 322 Ga. App. 760, 762 (1) ( 746 SE2d 238 ) (2013) (State alleged in the indictment that the accused and the crime were unknown to the State, tolling the statute); State v. Barker, 277 Ga. App. 84, 87 (3) ( 625 SE2d 500 ) (2005) (indictment is fatally defective if it appears on its face that the statute oflimitation has run unless the indictment also alleges one or more of the exceptions which would remove t 2013Jenkins v. State, 278 Ga. 598, 604 (1) (B) ( 604 SE2d 789 ) (2004) (exception to the statute of limitation must be pled in the indictment if the State is relying on one); Jannuzzo v. State, 322 Ga. App. 760, 762 (1) ( 746 SE2d 238 ) (2013) (State alleged in the indictment that the accused and the crime were unknown to the State, tolling the statute); State v. Barker, 277 Ga. App. 84, 87 (3) ( 625 SE2d 500 ) (2005) (indictment is fatally defective if it appears on its face that the statute oflimitation has run unless the indictment also alleges one or more of the exceptions which would remove t | 1 | 1 |
Dingler v. Stategreen2 sentences2001In Dingier v. State, 233 Ga. 462, 463 ( 211 SE2d 752 ) (1975), the Supreme Court of Georgia adopted the ABA Standards on Joinder of Offenses, holding that two or more offenses may be joined as separate counts of one indictment where both: (a) are of the same or similar character, even if not part of a single scheme or plan; or (b) are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan. 2001In Dingier v. State, 233 Ga. 462, 463 ( 211 SE2d 752 ) (1975), the Supreme Court of Georgia adopted the ABA Standards on Joinder of Offenses, holding that two or more offenses may be joined as separate counts of one indictment where both: (a) are of the same or similar character, even if not part of a single scheme or plan; or (b) are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan. | 1 | 1 |
Johnson v. Stategreen2 sentences1966Had the accusation charged the defendant with possession of nontax-paid liquor, to wit: a described amount in described containers at a described place in the county, then such allegations would not be surplusage but a material part of the accusation (see Johnson v. State, 79 Ga. App. 210, 214 ( 53 SE2d 498 )), since a conviction under such an accusation would not bar a second prosecution for possessing other non-tax-paid liquors at another place in the county. 3. 1966Had the accusation charged the defendant with possession of nontax-paid liquor, to wit: a described amount in described containers at a described place in the county, then such allegations would not be surplusage but a material part of the accusation (see Johnson v. State, 79 Ga. App. 210, 214 ( 53 SE2d 498 )), since a conviction under such an accusation would not bar a second prosecution for possessing other non-tax-paid liquors at another place in the county. 3. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Garrison v. State
neutral
1 sentence1944If there be any conflict between this ruling and that of Lasseter v. State, 17 Ga. App. 323 ( 86 S. E. 743 ), the Lasseter ease is herewith reviewed and overruled. *822 The verdict was a general one of “guilty,” and a special assignment of error in the petition for certiorari complains of a charge by the judge in which he construed the three counts of the accusation as charging only one offense, counsel for the accused contending that each count charged a separate offense, and that two of the counts were not supported by any evidence, and that the charge of the court mislead the jury into find | 1 | 1944–1944 |
Lasseter v. State
neutral
1 sentence1944If there be any conflict between this ruling and that of Lasseter v. State, 17 Ga. App. 323 ( 86 S. E. 743 ), the Lasseter ease is herewith reviewed and overruled. *822 The verdict was a general one of “guilty,” and a special assignment of error in the petition for certiorari complains of a charge by the judge in which he construed the three counts of the accusation as charging only one offense, counsel for the accused contending that each count charged a separate offense, and that two of the counts were not supported by any evidence, and that the charge of the court mislead the jury into find | 1 | 1944–1944 |
Sanders v. State
neutral
1 sentence1944App. 34 ( 129 S. W. 605 ), the court said: “It will be noted that it is not the participation in the immoral conduct or the unlawful sexual intercourse that is condemned under this article, but it is the soliciting, procuring, or alluring a female to visit or be at a particular house, or room, or place for that purpose, and since the statute is not punishing for the unlawful sexual intercourse or immoral conduct, it becomes unnecessary to set out the name or names of the man or men whom the female is expected to meet.” Under the foregoing decisions, and the facts of the instant ease, we hold t | 1 | 1944–1944 |
Brooks v. State
neutral
1 sentence1929Brooks v. State, 39 Ga. App. 32 . 2. | 1 | 1929–1929 |
Central Railroad v. Gleason & Harmon
green
1 sentence1906Each of the city-court acts construed in Central Railroad v. Gleason, 69 Ga. 200 , and Thornton v. Travelers Ins. | 1 | 1906–1906 |
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.