All indictments or special presentments shall be submitted to and passed upon by a jury under the direction of the presiding judge unless there is a settlement of the case between the prosecutor and the defendant, which settlement shall be valid only by the approval and order of the court on examination into the merits of the case.
(Laws 1850, Cobb's 1851 Digest, p. 864; Code 1863, § 4588; Code 1868, §§ 4609, 4610; Ga. L. 1870, p. 422, § 2; Code 1873, § 4706; Code 1882, § 4706; Penal Code 1895, § 956; Penal Code 1910, § 981; Code 1933, § 27-1701.)
OPINIONS OF THE ATTORNEY GENERAL
Cases brought by accusation.
- Criminal case brought by accusation may be settled by the district attorney by a procedure like that outlined in O.C.G.A. § 17-8-2, although the statute, by the statute's terms, does not apply to cases brought by accusation. 1987 Op. Att'y Gen. No. U87-8.
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, § 690 et seq.
ALR.
- Duty to dismiss criminal proceedings on motion of attorney general or prosecuting attorney, pursuant to promise of immunity, 66 A.L.R. 1378.
Construction and effect of statute authorizing dismissal of criminal action upon settlement of civil liability growing out of act charged, 42 A.L.R.3d 315.
Admissibility of defense communications made in connection with plea bargaining, 59 A.L.R.3d 441.
Propriety of sentencing justice's consideration of defendant's failure or refusal to accept plea bargain, 100 A.L.R.3d 834.