A person will not be presumed to act with criminal intention but the trier of facts may find such intention upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.
(Laws 1833, Cobb's 1851 Digest, p. 779; Code 1863, § 4189; Code 1868, § 4228; Code 1873, § 4298; Code 1882, § 4293; Penal Code 1895, § 32; Penal Code 1910, § 32; Code 1933, § 26-202; Code 1933, § 26-605, enacted by Ga. L. 1968, p. 1249, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 29 Am. Jur. 2d, Evidence, §§ 281, 439 et seq. 75 Am. Jur. 2d, Trial, §§ 324, 325, 326.
C.J.S.- 22 C.J.S., Criminal Law: Substantive Principles, § 34 et seq.
ALR.
- Criminal responsibility of one who acts as decoy to detect commission of crime, 120 A.L.R. 1506.
Series of takings over a period of time as involving single or separate larcenies, 53 A.L.R.3d 398.
Homicide: burden of proof on defense that killing was accidental, 63 A.L.R.3d 936.
Remoteness in time of other similar offenses committed by accused as affecting admissibility of evidence thereof in prosecution for sex offense, 88 A.L.R.3d 8.
Robbery, attempted robbery, or assault to commit robbery, as affected by intent to collect or secure debt or claim, 88 A.L.R.3d 1309.
ARTICLE 2 PARTIES TO CRIMES
Law reviews.
- For article, "Disruptive Innovation in Criminal Defense: Demanding Corporate Criminal Trials," see 69 Mercer L. Rev. 825 (2018).
JUDICIAL DECISIONS
Allegations in accusation.
- Although the state must prove the applicable provisions of O.C.G.A. T. 16, Ch. 2, Art. 2 at trial against a criminal defendant, it is not necessary that the state allege these provisions in the accusation. State v. Military Circle Pet Ctr. No. 94, Inc., 257 Ga. 388, 360 S.E.2d 248 (1987).
RESEARCH REFERENCES
ALR.
- Criminal responsibility of one who acts as decoy to detect commission of crime, 120 A.L.R. 1506.
Mental or emotional condition as diminishing responsibility for crime, 22 A.L.R.3d 1228.