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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).

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