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2018 Georgia Code 15-18-9 | Car Wreck Lawyer

TITLE 15 COURTS

Section 18. Prosecuting Attorneys, 15-18-1 through 15-18-99.

ARTICLE 1 GENERAL PROVISIONS

15-18-9. Authority to enter nolle prosequi.

The district attorney has authority, on the terms prescribed by law, to enter a nolle prosequi on indictments.

(Orig. Code 1863, § 354; Code 1868, § 415; Code 1873, § 380; Code 1882, § 380; Penal Code 1895, § 801; Penal Code 1910, § 801; Code 1933, § 24-2915.)

RESEARCH REFERENCES

ALR.

- Power and duty of court as to continuation of action or prosecution upon refusal of city, county, or district attorney to proceed therewith, 103 A.L.R. 1253.

Limitations on state prosecuting attorney's discretion to initiate prosecution by indictment or by information, 44 A.L.R.4th 401.

Cases Citing O.C.G.A. § 15-18-9

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Gourley v. State, 486 S.E.2d 342 (Ga. 1997).

Cited 7 times | Published | Supreme Court of Georgia | Jun 30, 1997 | 268 Ga. 235, 97 Fulton County D. Rep. 2434

...Gourley urges this Court to equate the "quashing" of an indictment "by ruling on a motion, demurrer, special plea or exception, or other pleading of the defendant or by the court's own motion" with the State's exercise of its discretion not to further prosecute an indictment. See OCGA § 15-18-9 (authorizing State to enter nolle prosequi on terms prescribed by law)....