§ 17-7-113. Time for Making Exception to Form of Indictment or Accusation
All exceptions which go merely to the form of an indictment or accusation shall be made before trial. History. Laws 1833, Cobb’s 1851 Digest, p. 833; Code 1863, § 4517; Code 1868, § 4536; Code 1873, § 4629; Code 1882, § 4629; Penal Code 1895, § 955; Penal Code 1910, § 980; Code 1933, § […]
§ 17-7-129. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney
When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused’s mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused’s mental competency to stand trial. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation […]
§ 17-7-130. Proceedings Upon Plea of Mental Incompetency to Stand Trial
As used in this Code section, the term: “Child” means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-560. “Civil commitment” means the accused’s involuntary inpatient or outpatient commitment pursuant to Chapter 3 or 4 of Title 37, as appropriate. “Court” means the court which has jurisdiction over the […]
§ 17-7-130.1. Evidence as to Defendant’s Sanity at Time of Offense; Examination and Testimony by Psychiatrist or Psychologist
At the trial of a criminal case in which the defendant intends to interpose the defense of insanity, evidence may be introduced to prove the defendant’s sanity or insanity at the time at which he is alleged to have committed the offense charged in the indictment or information. When notice of an insanity defense is […]
§ 17-7-131. Proceedings Upon Plea of Insanity or Mental Incompetency at Time of Crime
For purposes of this Code section, the term: “Insane at the time of the crime” means meeting the criteria of Code Section 16-3-2 or 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. “Intellectual disability” means having significantly subaverage general intellectual functioning resulting in or associated […]
§ 17-7-150. Procedures for Change of Venue; Transfer of Case; Appeal From Denial of Change of Venue
The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant’s or defense counsel’s judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion […]
§ 17-7-151. Transfer Upon Change of Venue of Evidence, List of Witnesses, and Papers; Issuance of Subpoenas to Witnesses and Others by Clerk of Court Selected to Try Case
Whenever a change of venue is made, the clerk of the court from which the case has been transferred shall send to the court to which the case has been transferred a transcript of the order for the change of venue, the evidence before the court of inquiry, a list of all the witnesses subpoenaed […]
§ 17-7-152. Subsequent Changes of Venue
If, on motion, the judge presiding in the court to which a case has been transferred is satisfied that a fair and impartial jury cannot be obtained therein, he shall, in the manner prescribed in subsection (a) of Code Section 17-7-150, transfer the case to some other county where a fair and impartial jury can […]
§ 17-7-110. Time for Filing Pretrial Motions
All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court. History. Code 1981, § 17-7-110 , enacted by Ga. L. 2003, p. 154, § 2. Editor’s notes. This Code section formerly pertained to copy of indictment […]
§ 17-7-111. Demurrers and Special Pleas to Be in Writing; Right to Plead “Not Guilty” if Demurrer or Plea Denied
If the defendant, upon being arraigned, demurs to the indictment, pleads to the jurisdiction of the court, pleads in abatement, or enters any other special plea in bar, the demurrer or plea shall be made in writing. If the demurrer or plea is decided against the defendant, he may nevertheless plead and rely on the […]