O.C.G.A.
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.
A person in the lawful custody of any penal institution of the state or of a political subdivision of the state who assails, opposes, or resists an officer of the law or of such penal institution or a member of the guard with intent to cause serious bodily injury commits the offense of mutiny and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (Laws 1833, Cobb’s 1851 Digest, p. 810; Code 1863, § 4396; Code 1868, § 4437; Code 1873, § 4510; Code 1882, § 4510; Penal Code 1895, § 329; Penal Code 1910, § 334; Code 1933, § 26-4801; Code 1933, § 26-2507, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1993, p. 808, § 1.)
Annotations
Cross references. - Admissibility of testimony of inmates in trials for crime of mutiny, § 17-8-51. JUDICIAL DECISIONS Mutiny in a penal institution and aggravated assault require proof of different elements and, therefore, the former offense cannot be a lesser included offense of the latter. Bierria v. State, 232 Ga. App. 622, 502 S.E.2d 542 (1998). Insufficient foundation for eliciting testimony to show justification. - When the defendant, charged with violating O.C.G.A. § 16-10-54 by throwing boiling water on a prison guard, tried to elicit testimony of previous difficulties between the defendant and the guard during cross-examination in order to put forward a defense of justification, the trial court
properly disallowed the line of questioning because the defendant had failed to lay a proper foundation for such entry. Taylor v. State, 180 Ga. App. 200, 348 S.E.2d 582 (1986). Evidence sufficient to support conviction. - When a deputy testified that the defendant resisted the deputy’s efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. § 16-2-6
to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. § 24-4-8 (see now O.C.G.A. § 24-14-8), it could rely solely on the deputy’s account of the events. Butler v. State, 284 Ga. App. 802, 644 S.E.2d 898 (2007). Cited in Jordan v. State, 247 Ga. 328,
276 S.E.2d 224 (1981); Suggs v. State, 164 Ga. App. 227, 296 S.E.2d 124 (1982); Weaver v. State, 170 Ga. App. 731, 318 S.E.2d 196 (1984); McCrainie v. State, 172 Ga. App. 188, 322 S.E.2d 360 (1984); Rhine v. State, 174 Ga. App. 859, 332 S.E.2d 1 (1985); Weaver v. State, 176 Ga. App. 639, 337 S.E.2d 420 (1985); McCord v. State, 182 Ga. App. 586, 356 S.E.2d 689 (1987); Jackson v. State, 182 Ga. App. 885, 357 S.E.2d 321 (1987).
RESEARCH REFERENCES Am. Jur. 2d. - 27A Am. Jur. 2d, Escape, §§ 2, 4. C.J.S. - 30A C.J.S., Escape and Related Offenses; Rescue, § 21 et seq.
ALR. - When statute of limitation begins to run on charge of obstructing justice or of conspiracy to do so, 77 A.L.R.3d 725.
Notes of Decisions
Cited in
12
cases, 1984–2007 · leading case:
Green v. State, 317 S.E.2d 609 (Ga. Ct. App. 1984).
Green v. State, 317 S.E.2d 609 (Ga. Ct. App. 1984).
· cites it 16× “" OCGA § 16-10-54. Aggravated assault upon a peace officer occurs when a peace officer, engaged in or on account of the performance of his official duties, is assaulted by one with intent to murder, rape or rob or with a deadly weapon.”
Hill v. State, 502 S.E.2d 505 (Ga. Ct. App. 1998).
· cites it 4× “On appeal, Hill claims the trial court violated the provisions of OCGA § 17-16-6 and his rights under the Sixth and Fourteenth Amendments to the United States Constitution by excluding the testimony of two witnesses he intended to call in his defense.”
Butler v. State, 644 S.E.2d 898 (Ga. Ct. App. 2007).
· cites it 6× “A judge of the Superior Court of Cobb County found Melinda Butler guilty of mutiny in a penal institution, OCGA § 16-10-54, and felony obstruction of an officer, OCGA § 16-10-24 (b).”
Bierria v. State, 502 S.E.2d 542 (Ga. Ct. App. 1998).
· cites it 2× “OCGA § 16-10-54. Aggravated assault, on the other hand, is committed when a person *627 assaults someone: “(1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely…”
Weaver v. State, 337 S.E.2d 420 (Ga. Ct. App. 1985).
· cites it 2× “OCGA § 16-10-54 provides: “A person in the lawful custody of any penal institution who assails, opposes, or resists an officer of the law or of such penal institution or a member of the guard with intent to cause serious bodily injury commits the offense of mutiny ...” The…”
Weaver v. State, 318 S.E.2d 196 (Ga. Ct. App. 1984).
· cites it 2× “” OCGA § 16-10-54. Appellant argues that there was no evidence that he had any intent to cause serious bodily injury.”
Pratt v. State, 492 S.E.2d 310 (Ga. Ct. App. 1997).
· cites it 2× “OCGA § 16-10-54. Pratt was indicted for two such counts based on allegations that while in the lawful custody of the Ware Correctional Institution he stabbed Correctional Officer Williams (Count 1) and bit Officer Benson (Count 2).”
McCord v. State, 356 S.E.2d 689 (Ga. Ct. App. 1987).
· cites it 2× “Although appellant made no objection to the recharge, the record discloses that the court charged on the elements of the offense of mutiny in a penal institution and simple battery as set forth in OCGA §§ 16-10-54 and 16-5-23.”
McCranie v. State, 322 S.E.2d 360 (Ga. Ct. App. 1984).
· cites it 2× “Although appellant does not raise the general grounds, we find *189 the evidence more than ample to enable a rational trier of fact to conclude beyond a reasonable doubt that while in the lawful custody of a penal institution the appellant assaulted at least one prison guard…”
Jackson v. State, 357 S.E.2d 321 (Ga. Ct. App. 1987).
· cites it 2× “OCGA § 16-10-54. The State presented evidence that appellant, an inmate at Buford Correctional Institute, raised a metal chair above his head and, on his downward swing, struck a correctional officer on the arm.”
Rhine v. State, 332 S.E.2d 1 (Ga. Ct. App. 1985).
· cites it 2× “OCGA § 16-10-54. Therefore, there was no merger.”
Lummen v. State, 348 S.E.2d 584 (Ga. Ct. App. 1986).
· cites it 2× “It merely meant that these added factors of environment and assailant’s status subjected the conduct also to prosecution under OCGA § 16-10-54, the offense of mutiny. Mutiny is a lesser offense because, as it relates to the personal attack aspect, which is the total focus of the…”
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.