17-7-211

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Pretrial Proceedings
  5. Discovery
  6. 17-7-211

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Reserved. Repealed by Ga. L. 1994, p. 1895, § 1, effective January 1, 1995.

Editor's notes.

- These Code sections were based on Code 1933, §§ 27-1302 and 27-1303, enacted by Ga. L. 1980, p. 1388, § 2.

CHAPTER 8 TRIAL Article 1 General Provisions.
  • 17-8-1. Cases to be called in order in which they stand on docket; exceptions; preferred scheduling when alleged victim is disabled adult or elder person.
  • 17-8-2. Indictments and special presentments to be presented to jury; exception for settlements between prosecutor and defendant which are approved by court.
  • 17-8-3. Entry of nolle prosequi.
  • 17-8-4. Procedure for trial of jointly indicted defendants; right of defendants to testify for or against one another; order of separate trials; acquittal or conviction where offense requires joint action or concurrence; number of strikes allowed defendants.
  • 17-8-5. Recordation of testimony in felony cases; entering testimony on minutes of court where guilty verdict found; preparation of transcript where death sentence imposed; preparation of transcript where mistrial results in felony case.
  • 17-8-6. Authority of municipal court to seal criminal records.
Article 2 Continuances.
  • 17-8-20. Showing of due diligence required of applicants for continuances generally.
  • 17-8-21. When showing for continuance required of state.
  • 17-8-22. Consideration of motion for continuance by court generally; allowance of counter-showing to motion.
  • 17-8-23. Absence of party as grounds for granting continuance.
  • 17-8-24. Absence or illness of counsel as grounds for granting continuance.
  • 17-8-25. Absence of witness as grounds for granting continuance.
  • 17-8-26. Party or party's attorney in attendance at General Assembly as grounds for granting continuance.
  • 17-8-27. Attorney General in attendance at General Assembly as grounds for granting continuance.
  • 17-8-28. Witness in attendance at General Assembly as grounds for granting continuance.
  • 17-8-29. Party or party's counsel in attendance at meeting of Board of Regents of the University System of Georgia as grounds for granting continuance.
  • 17-8-30. Party or party's counsel in attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities as grounds for granting continuance.
  • 17-8-31. Party, leading attorney, or material witness in attendance on active duty as member of National Guard or component of armed forces of the United States as grounds for granting continuance; setting bail in certain cases.
  • 17-8-32. Effect of admission by opposing party of facts to be proved upon allowance of continuance.
  • 17-8-33. Granting of continuances where indictment found or accusation made; continuance where material witness unavailable; continuances required by principles of justice; granting of continuance where postponement possible to later date in term.
  • 17-8-34. Granting of continuances in cases returned by appellate court for trial.
  • 17-8-35. Effect of continuance by defendant upon trial of codefendants.
  • 17-8-36. Entry of date of continuance upon docket of court; announcement of continuance in open court.
  • 17-8-37. Duration of continuance.
  • 17-8-38. Case not reached at trial term continued.
Article 3 Conduct of Proceedings.
  • 17-8-50. Courts in which trials of inmates escaping from correctional institutions to take place; admissibility of records pertaining to former trials of such inmates; testimony of other inmates.
  • 17-8-51. Admissibility of testimony of inmates in trials for crime of mutiny.
  • 17-8-52. Oath to be administered to witnesses.
  • 17-8-53. Exclusion of public from courtroom when evidence vulgar or obscene.
  • 17-8-54. Persons in courtroom when person under age of 16 testifies concerning sexual offense.
  • 17-8-55. Testimony of child less than 17 years old outside physical presence of accused.
  • 17-8-56. Writing out and reading of charge to jury; filing of charge; furnishing of copies of charge.
  • 17-8-57. Expression or intimation of opinion by judge as to matters proved or guilt of accused.
  • 17-8-58. Objections to jury charges prior to the jury retiring to deliberate; failure to raise objections.
Article 4 Conduct and Argument of Counsel.
  • 17-8-70. Number of counsel permitted to argue case.
  • 17-8-71. Order of argument after evidence presented.
  • 17-8-72. Misdemeanors and cases arising from inferior judicatories; time limits on closing argument.
  • 17-8-73. Noncapital and capital felony cases; time limits on closing argument.
  • 17-8-74. Allowance of additional time for closing argument.
  • 17-8-75. Improper statements by counsel.
  • 17-8-76. Argument to or in front of jury as to possibility of clemency.
Cross references.

- Guarantee of trial by jury, Ga. Const. 1983, Art. I, Sec. I, Para. XI.

Criminal penalties for unlawfully influencing jurors, influencing witnesses, tampering with evidence, and other acts, § 16-10-90 et seq.

Trial calendar, Uniform State Court Rules, Rule 8.3.

Law reviews.

- For annual survey article discussing developments in criminal law, see 52 Mercer L. Rev. 167 (2000).

U.S. Code.

- Trials, Federal Rules of Criminal Procedure, Rules 23-31.

RESEARCH REFERENCES

ALR.

- Criminal trial of deaf, mute, or blind person, 80 A.L.R.2d 1084.

When does jeopardy attach in a nonjury trial, 49 A.L.R.3d 1039.

Jury's discussion of parole law as ground for reversal or new trial, 21 A.L.R.4th 420.

Propriety and effect of jurors' discussion of evidence among themselves before final submission of criminal case, 21 A.L.R.4th 444.

Competency of nonexpert witness to testify, in criminal case, based upon personal observation, as to whether person was under the influence of drugs, 21 A.L.R.4th 905.

Validity and efficacy of minor's waiver of right to counsel - modern cases, 25 A.L.R.4th 1072.

Impeachment of defendant in criminal case by showing defendant's prearrest silence - state cases, 35 A.L.R.4th 731.

Right of accused, in state criminal trial, to insist, over prosecutor's or court's objection, on trial by court without jury, 37 A.L.R.4th 304.

Exclusion of public from state criminal trial in order to prevent disturbance by spectators or defendant, 55 A.L.R.4th 1170.

Exclusion of public from state criminal trial in order to avoid intimidation of witness, 55 A.L.R.4th 1196.

Closed-circuit television witness examination, 61 A.L.R.4th 1155.

Disqualification from criminal proceeding of trial judge who earlier presided over disposition of case of coparticipant, 72 A.L.R.4th 651.

Adverse presumption or inference based on party's failure to produce or examine spouse - modern cases, 79 A.L.R.4th 694.

Adverse presumption or inference based on party's failure to produce or examine friend - modern cases, 79 A.L.R.4th 779.

Propriety of substituting juror in bifurcated state trial after end of first phase and before second phase is given to jury, 89 A.L.R.4th 423.

Actions by state official involving defendant as constituting "outrageous" conduct violating due process guaranties, 18 A.L.R.5th 1.

ARTICLE 1 GENERAL PROVISIONS

Cross references.

- Criminal trial calendar, Uniform Superior Court Rules, Rule 32.


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