Constitutionality.

- Substitution of accusation for indictment for the specific felonies enumerated in O.C.G.A. § 17-7-70.1 does not violate due process since statutory procedures exist to safeguard against criminal prosecution without probable cause, and to further protect all defendants equally, whether indicted or formally accused. Lamberson v. State, 265 Ga. 764, 462 S.E.2d 706 (1995).

O.C.G.A. § 17-7-70.1 was not an ex post facto law with respect to defendant charged with forgery when the defendant entered a plea of not guilty on the accusation without having first entered a written objection to the proceeding and when the defendant was arrested after the effective date of the section. Crowder v. State, 218 Ga. App. 630, 462 S.E.2d 754 (1995).

Trial on accusation preferred by district attorney.

- Felony charge of driving after having been declared a habitual violator may be tried on an accusation preferred by a district attorney rather than on an indictment returned by a grand jury. State v. Gilstrap, 230 Ga. App. 281, 495 S.E.2d 885 (1998).

Defendant charged with possession of cocaine with intent to distribute could be tried by accusation because the defendant waived the right to a grand jury indictment when the defendant posted bond following arrest. McNair v. State, 240 Ga. App. 324, 523 S.E.2d 392 (1999).

Because the defendant waived the right to a commitment hearing when the defendant posted bond, the state was authorized to proceed to trial on the accusation charging theft by taking despite the defendant's objection. Pruitt v. State, 245 Ga. App. 801, 538 S.E.2d 874 (2000).

Accusation not same as indictment.

- After the trial court quashed an indictment and a later accusation, both of which charged the defendant with misdemeanors, due to the state's failure to comply with O.C.G.A. § 17-7-52, O.C.G.A. § 17-7-70.1 did not make a quashed accusation similar or equivalent to an indictment for the purposes of the prosecutory bar under O.C.G.A. § 17-7-53.1. Additionally, § 17-7-70.1 relates primarily to felonies charged by accusation, and the district attorney could not bring the accusation, as was required for § 17-7-70.1, due to the fact that the grand jury heard evidence in the case. State v. Allen, 262 Ga. App. 724, 586 S.E.2d 378 (2003).

Accusation was a proper charging document in a theft by receiving case, and the defendant's appellate argument that a trial court should have instructed the jury that the indictment was not evidence proving guilt failed because there was no indictment in the case, only an accusation. Brown v. State, 265 Ga. App. 613, 594 S.E.2d 770 (2004).

Waiver of indictment.

- Trial court had jurisdiction to try the defendant for the offense of theft by receiving stolen property as the criminal code permitted that offense to be tried upon accusation even when the defendant had not waived the indictment. Gerrard v. State, 252 Ga. App. 767, 556 S.E.2d 131 (2001), cert. denied, 535 U.S. 1077, 122 S. Ct. 1960, 152 L. Ed. 2d 1021 (2002).

Defendant waived the right to a commitment hearing when defendant posted bond; thus, the state was authorized to try the charge of forgery in the first degree by accusation. Watson v. State, 264 Ga. App. 41, 589 S.E.2d 867 (2003).

Indictment required.

- Defendant was initially charged by accusation with terroristic threats and aggravated stalking, which were not properly prosecuted without an indictment or a written waiver thereof pursuant to O.C.G.A. §§ 17-7-70.1 and17-7-70(a), the dismissal of the accusation after the jury was sworn and the indictment of the same charges was proper and there was no former jeopardy bar under O.C.G.A. § 16-1-8(d)(1), as the former prosecution under the indictment was void and of no effect. Armstrong v. State, 281 Ga. App. 297, 635 S.E.2d 880 (2006).

Cocaine possession.

- State was authorized to try a cocaine possession charge by accusation when there was a commitment hearing and a finding of probable cause. Brackins v. State, 249 Ga. App. 788, 549 S.E.2d 775 (2001).

Felony obstruction of officer.

- Charge of felony obstruction of an officer by accusation instead of by grand jury indictment was not authorized because of the state's failure to obtain the defendant's waiver of an indictment in writing as required by O.C.G.A. § 17-7-70. Brackins v. State, 249 Ga. App. 788, 549 S.E.2d 775 (2001).

Sentence not impacted by use or accusation rather than indictment.

- When the defendant was charged and convicted of felony theft by shoplifting, the trial court was not required to sentence the defendant as a misdemeanant simply because the state utilized an accusation rather than an indictment. Hood v. State, 223 Ga. App. 573, 479 S.E.2d 400 (1996).

When felony not one listed in statute.

- When one count of the accusation filed by the district attorney recited that it was charged under O.C.G.A. § 16-13-30, which is a felony which may not be brought by accusation pursuant to O.C.G.A. § 17-7-70 without the assent of the accused, not on record in the case, nor was it one of those felonies listed in O.C.G.A. § 17-7-70.1 which, under circumstances not present in the case, may be pursued by accusation, the count was considered by the court to be brought under O.C.G.A. § 16-13-2(b), misdemeanor possession of less than an ounce of marijuana. Chadwick v. State, 236 Ga. App. 199, 511 S.E.2d 286 (1999).

Pretrial amendment of accusation did not start new prosecution.

- Pretrial amendment of accusation did not start a new prosecution as the previous arraignment of the defendant was sufficient and jeopardy attached before the nolle prosequi was entered over the defendant's objection; consequently, a later prosecution of the offenses charged in the accusation was barred by former jeopardy. Smith v. State, 279 Ga. 396, 614 S.E.2d 79 (2005).

No accusation found.

- Trial court properly denied a defendant's motion for discharge and acquittal on statutory speedy trial grounds pursuant to O.C.G.A. § 17-7-170(a) because the defendant's speedy trial demand was premature and a nullity since the "complaint" was filed after the defendant's arrest, was not an accusation pursuant to O.C.G.A. §§ 17-7-70 and17-7-70.1, and the prosecution did not proceed on the "complaint." Campbell v. State, 294 Ga. App. 166, 669 S.E.2d 190 (2008).

Cited in McBride v. State, 213 Ga. App. 857, 446 S.E.2d 193 (1994); Sanderson v. State, 217 Ga. App. 51, 456 S.E.2d 667 (1995); Ingram v. State, 224 Ga. App. 271, 480 S.E.2d 302 (1997); Singleton v. State, 240 Ga. App. 240, 522 S.E.2d 734 (1999).