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2018 Georgia Code 16-4-8.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-4-8.1 Case Law from Google Scholar Amendments to OCGA 16-4-8.1

TITLE 16 CRIMES AND OFFENSES

Section 4. Criminal Attempt, Conspiracy, and Solicitation, 16-4-1 through 16-4-10.

ARTICLE 3 ALIBI

16-4-8.1. Conviction of conspiracy even if crime completed.

A person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime and the completed crime.

(Code 1981, §16-4-8.1, enacted by Ga. L. 1996, p. 679, § 1.)

JUDICIAL DECISIONS

Jury instructions.

- O.C.G.A. § 16-4-8.1 does not address a trial court's obligation to give requested jury charges; since the evidence was undisputed that the conspirators to a scheme to rob for drugs came into possession of drugs, if the jury found that the defendant was a member of that conspiracy, then the defendant was also guilty of the completed crime pursuant to O.C.G.A. § 16-2-20, and the trial court's omission to charge on conspiracy was proper. Garcia v. State, 279 Ga. App. 75, 630 S.E.2d 596 (2006).

Cited in Willard v. State, 244 Ga. App. 469, 535 S.E.2d 820 (2000); Tesler v. State, 295 Ga. App. 569, 672 S.E.2d 522 (2009).

Cases Citing Georgia Code 16-4-8.1 From Courtlistener.com

Total Results: 5

Eleby v. State

Court: Supreme Court of Georgia | Date Filed: 2024-06-11

Snippet: murder predicated on armed robbery. See OCGA § 16-4-8.1 (a “person may not be convicted of both conspiracy

Simmons v. State

Court: Supreme Court of Georgia | Date Filed: 2022-10-25

Snippet: on aggravated assault (Count 10). See OCGA § 16-4-8.1 (A person “may not be convicted of both conspiracy

Chavers v. State

Court: Supreme Court of Georgia | Date Filed: 2019-01-22

Citation: 823 S.E.2d 283, 304 Ga. 887

Snippet: into his malice murder conviction, see OCGA § 16-4-8.1, so he "was not sentenced for that crime, and

McGruder v. State

Court: Supreme Court of Georgia | Date Filed: 2018-05-07

Citation: 814 S.E.2d 293

Snippet: murder Quarterman count was set aside, see OCGA § 16-4-8.1. The trial court purported to merge the felony

Simpkins v. State

Court: Supreme Court of Georgia | Date Filed: 2018-05-07

Citation: 814 S.E.2d 289

Snippet: commit murder counts was set aside. See OCGA § 16-4-8.1. The trial court purported to merge the felony