Failure to charge jury on withdrawal proper.

- Trial court did not err in refusing to give the defendant's requested charge on withdrawal from conspiracy because the charge was not authorized by the evidence in the case when the conspiracy to rob the victims could not have been effected without the defendant's performance of overt acts; prior to the defendant's alleged withdrawal from the conspiracy, the defendant acted to lead the defendant's co-indictees to the home where the victims were present, told the co-indictees, who were seeking victims to rob, about dice game money the defendant observed on the floor of the home, accompanied an armed co-indictee to the home and knocked on the door, and gave the defendant's name so as to enable the defendant's armed co-indictee to gain entry when the door was opened in response to the defendant's words. Mikell v. State, 286 Ga. 434, 689 S.E.2d 286, overruled on other grounds, 287 Ga. 338, 698 S.E.2d 301 (2010).

Evidence insufficient to show defendant renounced and abandoned conspiracy.

- Evidence was sufficient to enable a rational trier of fact to find the defendant guilty of malice murder, conspiracy to commit armed robbery, and possession of a firearm during the commission of a crime because the defendant's claim that, pursuant to O.C.G.A. § 16-4-9, the defendant renounced and abandoned the conspiracy and that a co-conspirator fatally shot the victims was contradicted by the physical evidence at trial; shell casings from two guns were found at the murder scene and in positions indicating that there were two weapons fired by different individuals. Bailey v. State, 291 Ga. 144, 728 S.E.2d 214 (2012).

Cited in Patterson v. State, 126 Ga. App. 753, 191 S.E.2d 584 (1972); Sak v. State, 129 Ga. App. 301, 199 S.E.2d 628 (1973); Freedman v. United States, 437 F. Supp. 1252 (N.D. Ga. 1977); Booker v. State, 242 Ga. 773, 251 S.E.2d 518 (1979); Jenkins v. State, 159 Ga. App. 183, 283 S.E.2d 49 (1981); Wireman v. State, 163 Ga. App. 439, 295 S.E.2d 530 (1982).

Am. Jur. 2d.

- 16 Am. Jur. 2d, Conspiracy, § 27.

Withdrawal from or Abandonment of Criminal Enterprise, 8 POF2d 231.

C.J.S.

- 15A C.J.S., Conspiracy, § 129 et seq.

ALR.

- What is "infamous" offense within constitutional or statutory provision in relation to presentment or indictment by grand jury, 24 A.L.R. 1002.

Substitution or attempted substitution of another for one under sentence as a criminal offense, 28 A.L.R. 1381.

Imprisonment as constituting withdrawal from conspiracy, 100 A.L.R.6th 335.