O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-5-4 (2019)

Time elapsed between injury and death

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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In order to be a homicide punishable under this article, death need not have occurred within a year and a day from the date of the injury alleged to have caused such death.

History

Code 1981, § 16-5-4, enacted by Ga. L. 1991, p. 719, § 1.

Annotations

Editor’s notes. - Ga. L. 1991, p. 719, § 2, not codified by General Assembly, provides: ‘‘It is the intent of this Act to

make statutory the ruling of the Supreme Court of Georgia that the year and a day rule referred to herein is not the law of Georgia.’’

JUDICIAL DECISIONS Cited in Lang v. State, 344 Ga. App. 623, 812 S.E.2d 16 (2018).

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1988–2025 · leading case: Drennon v. State, 880 S.E.2d 139 (Ga. 2022).
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Drennon v. State, 880 S.E.2d 139 (Ga. 2022). · cites it 4× “See OCGA § 16-5-4 (a); OCGA § 16-15-3 (1) (J); OCGA § 16-15-3 (3); Boyd v.”
Gonzales v. State, 884 S.E.2d 339 (Ga. 2023). · cites it 2× “” 11 OCGA § 16-5-4 (a) provides that “[a] person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously…”
Grissom v. State, 371 S.E.2d 137 (Ga. Ct. App. 1988). · cites it 2× “The victim’s testimony was corroborated in many respects, and in regard to the charge of false imprisonment, a person commits that offense when, in violation of the personal liberty of another, he arrests, confines or detains such person without legal authority.”
Blassingame v. Elligan, No. 1:22-cv-03251 (N.D. Ga. Mar. 25, 2025). · cites it 2× “§ 1983 and O.C.G.A § 16-5-4(a); (2) Intentional Infliction of Emotional Distress (IIED) pursuant to Section 1983 and O.”
16-5-4(a): 1 case
Blassingame v. Elligan, No. 1:22-cv-03251 (N.D. Ga. Mar. 25, 2025). “§ 1983 and O.C.G.A § 16-5-4(a); (2) Intentional Infliction of Emotional Distress (IIED) pursuant to Section 1983 and O.”
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.