O.C.G.A.

O.C.G.A. § 16-1-9 (2019)

Application of title to crimes committed prior to enactment

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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This title shall govern the construction and punishment of any crime defined in this title committed on and after July 1, 1969, as well as the construction and application of any defense. This title does not apply to or govern the construction or punishment of any crime committed prior to July 1, 1969, or the construction or application of any defense. Such a crime must be construed and punished according to the law existing at the time of the commission thereof in the same manner as if this title had not been enacted.

History

Laws 1833, Cobb’s 1851 Digest, p. 838; Code 1863, § 4550; Code 1868, § 4570; Code 1873, § 4664; Code 1882, § 4664; Penal Code 1895, § 18; Pe-

nal Code 1910, § 18; Code 1933, § 26-103; Code 1933, § 26-103, enacted by Ga. L. 1968, p. 1249, § 1.

Annotations

JUDICIAL DECISIONS Cited in Ponder v. State, 121 Ga. App. 788, 175 S.E.2d 55 (1970); Nestor v. State, 122 Ga. App. 290, 176 S.E.2d 637 (1970); Blankenship v. State, 123 Ga. App. 496, 181 S.E.2d 544 (1971); Gunn v. State, 227 Ga. 786, 183 S.E.2d 389 (1971); Sadler v. State, 124 Ga. App. 266, 183 S.E.2d 501 (1971); Price v. State, 124 Ga. App. 850,

186 S.E.2d 360 (1971); Papp v. State, 129 Ga. App. 718, 201 S.E.2d 157 (1973); State v. Hasty, 158 Ga. App. 464, 280 S.E.2d 873 (1981); State v. Williams, 172 Ga. App. 708, 324 S.E.2d 557 (1984); Moton v. State, 242 Ga. App. 397, 530 S.E.2d 31 (2000).

Notes of Decisions

Cited in 4 cases, 1984–2000 · leading case: Robinson v. State, 348 S.E.2d 662 (Ga. Ct. App. 1986).

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Robinson v. State, 348 S.E.2d 662 (Ga. Ct. App. 1986). · cites it 8× “This bring us to the two cases cited in the dissenting opinion and to the reason for the analysis undertaken prior to addressing the history of OCGA § 16-1-9 (Code § 26-103). Although not necessary to *47 the decision in Gunn v.”

State v. Cross, 401 S.E.2d 510 (Ga. 1991). · cites it 4× “§ 26-103, now OCGA § 16-1-9, of the 1968 Criminal Code states: [t]he provisions of this Title shall govern the construction and punishment of any crime defined in this Title committed on and after the effective date hereof, as well as the construction and application of any…”

State v. Williams, 324 S.E.2d 557 (Ga. Ct. App. 1984). · cites it 2× “It has no reference, even by implication, to [OCGA § 16-1-9] ... It is the settled law of this State that where a crime is committed on a certain date, the penalty which attached to the crime on that date is the penalty exacted by our law .”

Moton v. State, 530 S.E.2d 31 (Ga. Ct. App. 2000). · cites it 2× “10 OCGA § 16-1-9. 11 Barton v. State, 81 Ga.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.