O.C.G.A.

O.C.G.A. § 38-2-1044 (2019)

Double jeopardy

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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(a) No person shall, without his or her consent, be tried a second time for the same offense.

(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code section until the finding of guilty has become final after review of the case has been fully completed.

(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this Code section.

History

Code 1981, § 38-2-1044, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Annotations

Cross references. - Rights of accused in criminal proceedings, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVIII.

U.S. Code. - For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 844.

RESEARCH REFERENCES Am. Jur. 2d. - 53A Am. Jur. 2d, Military and Civil Defense, §§ 206, 207.