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2018 Georgia Code 16-1-10 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 1. General Provisions, 16-1-1 through 16-1-12.

16-1-10. Punishment for crimes for which punishment not otherwise provided.

Any conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished as for a misdemeanor.

(Orig. Code 1863, § 4395; Ga. L. 1865-66, p. 233, § 2; Code 1868, § 4436; Code 1873, § 4509; Code 1882, § 4509; Penal Code 1895, § 334; Penal Code 1910, § 339; Code 1933, § 26-5001; Code 1933, § 26-104, enacted by Ga. L. 1968, p. 1249, § 1.)

Cross references.

- Punishment for misdemeanors generally, § 17-10-3.

JUDICIAL DECISIONS

Cited in MacDougald v. State, 124 Ga. App. 619, 184 S.E.2d 687 (1971); Blair v. State, 127 Ga. App. 111, 192 S.E.2d 542 (1972); Cook v. State, 256 Ga. 808, 353 S.E.2d 333 (1987); English v. State, 282 Ga. App. 552, 639 S.E.2d 551 (2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 1.

ALR.

- Civil and criminal liability of soldiers, sailors, and militiamen, 143 A.L.R. 1530.

Cases Citing O.C.G.A. § 16-1-10

Total Results: 3  |  Sort by: Relevance  |  Newest First

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White v. State, 699 S.E.2d 291 (Ga. 2010).

Cited 85 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 713, 2010 Fulton County D. Rep. 2101

...However, because appellant tampered with evidence in his own case and not to prevent the apprehension or prosecution of anyone other than himself, he was guilty of misdemeanor tampering and therefore could not receive a three-year sentence for commission of the crime. OCGA § § 16-1-10; 16-10-94(c) [2] ; Perry v....
..." as used in the sentencing portion of OCGA § 16-10-94 to impose felony punishment "when the person commits the tampering offense involving the prosecution or defense of a third person," and requiring imposition of misdemeanor punishment under OCGA § 16-1-10 for tampering in one's own felony prosecution)....
...ollowing the entry of the written order denying the amended motion for new trial. The appeal was docketed to the January 2010 Term of this Court when the appellate record was filed in this Court. It was submitted for decision on the briefs. [2] OCGA § 16-1-10 provides that "[a]ny conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished as for a misdemeanor." OCGA § 16-10-94(c) states: Except as otherwi...
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Durden v. State, 293 Ga. 89 (Ga. 2013).

Cited 23 times | Published | Supreme Court of Georgia | Jun 3, 2013 | 744 S.E.2d 9, 2013 Fulton County D. Rep. 1704

...However, the trial court erred in imposing felony punishment on this count. Only tampering with evidence “involving another person” is a felony offense, see OCGA § 16-10-94 (c); tampering with the evidence in one’s own case is punishable as a misdemeanor. See OCGA §§ 16-1-10; 16-10-94 (a); DeLeon v....
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Cook v. State, 353 S.E.2d 333 (Ga. 1987).

Cited 10 times | Published | Supreme Court of Georgia | Mar 3, 1987 | 256 Ga. 808

...rror committed by the trial court in refusing to allow the appellant to present evidence showing his lack of an extravagant lifestyle to be harmless error. 3. Although no exact punishment is provided in the malpractice statute, OCGA § 45-11-1, OCGA § 16-1-10 provides that in a case in which no punishment is provided, the offense shall be punished as a misdemeanor....