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2018 Georgia Code 31-21-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-21-43 Case Law from Google Scholar Amendments to OCGA 31-21-43

TITLE 31 HEALTH

Section 21. Dead Bodies, 31-21-1 through 31-21-45.

ARTICLE 3 OFFENSES

31-21-43. Removal of dead body from grave for purposes of sale or dissection.

Any person who shall remove a dead human body from any grave or other place of interment or from any vault, tomb, sepulcher, or from any other place for the purpose of selling or dissecting the same and any person who shall receive or purchase any dead human body knowing it to have been so disinterred or removed for the purpose aforesaid shall be punished by imprisonment and labor in the penitentiary for not less than one nor more than ten years.

(Cobb's 1851 Digest, p. 818; Code 1863, § 4438; Ga. L. 1865-66, p. 233, §§ 1, 2; Code 1868, § 4479; Code 1873, § 4563; Code 1882, § 4563; Ga. L. 1887, p. 87, § 7; Penal Code 1895, § 415; Penal Code 1910, § 408; Code 1933, § 88-9919; Code 1933, § 88-2710, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1980, p. 1434, § 1.)

JUDICIAL DECISIONS

Purpose.

- Purpose of this section is for the protection of cemeteries and burying-places in this state, and to prevent and punish the unauthorized use of and traffic in dead human bodies. Davis v. State, 61 Ga. App. 379, 6 S.E.2d 736 (1939) (see O.C.G.A. § 31-21-43).

Application to any dead body part.

- Code section extends not only to dead body as a whole, but to any part thereof; and whether body be in its original or intermediate state of flesh and bones, or in skeleton form only, irrespective of length of time interred. Davis v. State, 61 Ga. App. 379, 6 S.E.2d 736 (1939).

Shifting of body insufficient to establish offense.

- There is no offense under this section without removal from grave or other place of interment; a shifting of body would not be sufficient. Davis v. State, 61 Ga. App. 379, 6 S.E.2d 736 (1939) (see O.C.G.A. § 31-21-43).

Sufficiency of indictment under section.

- Substantial charge in language of this section is sufficient. The indictment need not allege that body is that of a human being when that fact may appear from language used, as that fact will be assumed, but name of person whose body was disinterred must be stated or a reason must be assigned for failure to state it. Davis v. State, 61 Ga. App. 379, 6 S.E.2d 736 (1939) (see O.C.G.A. § 31-21-43).

RESEARCH REFERENCES

Am. Jur. 2d.

- 22A Am. Jur. 2d, Dead Bodies, §§ 50, 74, 75, 78.

ALR.

- Constitutionality of statute or ordinance requiring, or permitting, removal of bodies from cemeteries, 71 A.L.R. 1040.

Constitutionality, construction, and application of criminal statutes specifically denouncing offenses affecting cemeteries, burial lots, tombstones, and the like, 132 A.L.R. 557.

Removal and reinterment of remains, 21 A.L.R.2d 472.

Construction and application of graverobbing statutes, 52 A.L.R.3d 701.

Validity, construction, and application of statutes making it a criminal offense to mistreat or wrongfully dispose of dead body, 81 A.L.R.3d 1071.

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