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O.C.G.A. § 45-16-40 — Coroner's charge to jury; power of jury | Georgia Code
O.C.G.A. § 45-16-40 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 16. Coroners, 45-16-1 through 45-16-80.

ARTICLE 2 DEATH INVESTIGATIONS

45-16-40. Coroner's charge to jury; power of jury.

  1. The coroner shall charge the jurors to declare, and they shall so declare, whether the person for whom the inquest is held died by:
    1. Homicide;
    2. Suicide;
    3. Accident;
    4. Natural causes; or
    5. Undetermined causes

      and all of the circumstances relating to the death.

  2. The jury shall have full and unrestricted power to inquire and pass upon all the matters and things thus given them in charge and they shall have this power even if the whole or a part of the charge is omitted.

(Laws 1823, Cobb's 1851 Digest, p. 538; Code 1863, § 4006; Code 1868, § 4034; Code 1873, § 4105; Code 1882, § 4105; Penal Code 1895, § 1262; Penal Code 1910, § 1344; Code 1933, § 21-213; Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 17; Ga. L. 1990, p. 1735, § 3.)

JUDICIAL DECISIONS

Powers.

- Among the powers of a coroner's jury is that of declaring whether the person upon whose body the inquest is held came to death by murder; and, if so, who were the principals and the accessories. Adams v. State, 129 Ga. 248, 58 S.E. 822, 17 L.R.A. (n.s.) 468, 12 Ann. Cas. 158 (1907).

Effect of verdict.

- The verdict of a coroner's jury has no probative value whatever as evidence, is binding upon no one, and cannot prejudice the right of any person. Security Life Ins. Co. v. Blitch, 155 Ga. App. 167, 270 S.E.2d 349 (1980).

Cited in Smalls v. State, 101 Ga. 570, 28 S.E. 981 (1897); Douberly v. State, 184 Ga. 573, 192 S.E. 223 (1937).

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Coroners or Medical Examiners, § 13.

C.J.S.

- 18 C.J.S., Coroners, § 14 et seq.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.