reglab/housing_qa huggingface dataset:
GA Code § 17-8-2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 1 - General Provisions|§ 17-8-2. Indictments and Special Presentments to Be Presented to Jury; Exception for Settlements Between Prosecutor and Defendant Which Are Approved by Court

 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.
GA Code § 17-8-6 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 1 - General Provisions|§ 17-8-6. Authority of Municipal Court to Seal Criminal Records

  Any judge of a municipal court of any municipality of this state or any judge hearing cases for any such court wherein a municipal court is a court of first instance in criminal cases shall have the authority to seal, to all persons except criminal justice officials, all criminal records of the municipality, including, but not limited to, records of arrest, fingerprints, and photographs, whether maintained in the police agency of the municipality or elsewhere in the municipality, related to any individual, upon a finding by such a judge that one of the following conditions exists:   When, upon the call of a case for trial, criminal charges against the individual are dismissed either:   Upon the motion of the arresting officer; or   Because of the lack of prosecution of such charges by the arresting officer or the municipality; or     When criminal charges against the individual are the subject of a pretrial disposition by the municipal prosecutor, provided that the terms and conditions of the pretrial disposition are satisfied.     Any order sealing the records of an individual, as provided for in subsection (a) of this Code section, shall in no way constitute an adjudication of any illegal or wrongful action on the part of the arresting officer or the municipality.    (Ga. L. 1980, p. 1683, § 1.)
GA Code § 17-8-21 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-21. When Showing for Continuance Required of State

 In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor.   (Ga. L. 1862-63, p. 138, § 1; Code 1863, § 4592; Code 1868, § 4613; Code 1873, § 4710; Code 1882, § 4710; Penal Code, § 960; Penal Code, § 985; Code 1933, § 27-2001; Ga. L. 2006, p. 893, § 4/HB 1421.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Continuance, § 1 et seq. 21A Am. Jur. 2d, Criminal Law, § 1041.   C.J.S.   - 17 C.J.S., Continuances, § 1 et seq. 22A C.J.S., Criminal Procedure and Rights of the Accused, § 567 et seq.   ALR.   - Continuance of criminal case because of illness of accused, 66 A.L.R.2d 232.
GA Code § 17-8-22 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-22. Consideration of Motion for Continuance by Court Generally; Allowance of Counter-Showing to Motion

 All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require. In all cases the presiding judges may, in their discretion, admit a counter-showing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.   (Orig. Code 1863, § 3460; Code 1868, § 3480; Ga. L. 1871-72, p. 49, § 1; Ga. L. 1872, p. 41, § 1; Code 1873, § 3531; Code 1882, § 3531; Civil Code 1895, § 5138; Penal Code 1895, § 966; Civil Code 1910, § 5724; Penal Code 1910, § 992; Code 1933, § 81-1419.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-167.   Law reviews.   - For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For comment on Cannady v. State, 190 Ga. 227, 9 S.E.2d 241 (1940), see 3 Ga. B.J. 55 (1940).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application   Practice and Procedure   Appellate Review    RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, § 5.   ALR.    - Refusal of continuance in criminal trial, asked for on account of occurrences during trial, as abuse of discretion, 5 A.L.R. 914.    Physical condition or conduct of party, his family, friends, or witnesses during trial, tending to arouse sympathy of jury, as ground for continuance or mistrial, 131 A.L.R. 323.   Admissions to prevent continuance sought to secure testimony of absent witness in criminal case, 9 A.L.R.3d 1180.   Withdrawal, discharge, or substitution of counsel in criminal case as ground for continuance, 73 A.L.R.3d 725.
GA Code § 17-8-23 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-23. Absence of Party as Grounds for Granting Continuance

 If either party is providentially prevented from attending the trial of any case and the counsel of the absent party will state in his place that he cannot go safely to trial without the presence of the absent party, the case shall be continued, provided his continuances are not exhausted.   (Orig. Code 1863, § 3453; Code 1868, § 3473; Code 1873, § 3524; Code 1882, § 3524; Civil Code 1895, § 5131; Civil Code 1910, § 5717; Code 1933, § 81-1412.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-154.   JUDICIAL DECISIONS   Inability of counsel to move for continuance because counsel does not know reason for client's absence.    - If counsel, because counsel does not know the reason for the client's absence, is unable to make the requisite formal and proper motion for continuance, the trial judge may assume that the defendant has voluntarily been absent from the trial, thereby waiving the defendant's confrontation rights. Smith v. State, 139 Ga. App. 515, 228 S.E.2d 705 (1976).   Voluntary absence of accused.    - When an accused is present at the beginning of the trial, but thereafter voluntarily is absent from the proceeding, the defendant waives the defendant's right to be present at the remainder of the trial. Stell v. State, 210 Ga. App. 662, 436 S.E.2d 806 (1993).    Surety should be allowed to prove that principal is absent because of providential cause. Russell v. State, 45 Ga. 9 (1872).   Court may deny continuance when defendant in poor physical condition.    - When the defendant is unable to withstand the rigors of trial because of the defendant's physical condition and it appears that the defendant will not be in better condition at the next trial term, the trial court may properly deny the continuance and proceed with the trial; while it may not fairly be said that the defendant bears any culpability for the illness, neither may it be said that the state has in any way prevented the defendant from appearing and defending oneself. Dasher v. State, 157 Ga. App. 664, 278 S.E.2d 465 (1981).    Cited in Mell v. State, 69 Ga. App. 302, 25 S.E.2d 142 (1943); Hammond v. State, 303 Ga. App. 176, 692 S.E.2d 760 (2010).   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, §§ 40, 50.   ALR.   - Continuance of criminal case because of illness of accused, 66 A.L.R.2d 232.   Sufficiency of showing defendant's "voluntary absence" from trial for purposes of state criminal procedure rules or statutes authorizing continuation of trial notwithstanding such absence, 19 A.L.R.6th 697.
GA Code § 17-8-25 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-25. Absence of Witness as Grounds for Granting Continuance

 In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he has been subpoenaed; that he does not reside more than 100 miles from the place of trial by the nearest practical route; that his testimony is material; that the witness is not absent by the permission, directly or indirectly, of the applicant; that the applicant expects he will be able to procure the testimony of the witness at the next term of the court; that the application is not made for the purpose of delay but to enable the applicant to procure the testimony of the absent witness; and the application must state the facts expected to be proved by the absent witness.   (Orig. Code 1863, § 3451; Code 1868, § 3471; Code 1873, § 3522; Code 1882, § 3522; Civil Code 1895, § 5129; Penal Code 1895, § 962; Civil Code 1910, § 5715; Penal Code 1910, § 987; Code 1933, § 81-1410; Ga. L. 1959, p. 342, § 1.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-160.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Evidence   Practice and Procedure   Appellate Review    RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, § 59.   ALR.    - Right to continuance to procure witness to alibi, 41 A.L.R. 1530.   Right of accused to continuance because of absence of witness who is fugitive from justice, 42 A.L.R.2d 1229.   Admissions to prevent continuance sought to secure testimony of absent witness in criminal case, 9 A.L.R.3d 1180.
GA Code § 17-8-27 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-27. Attorney General in Attendance at General Assembly as Grounds for Granting Continuance

 When any case pending in the courts of this state in which the Attorney General is of counsel is scheduled to be called for any reason during sessions of the General Assembly or during a period of 15 days preceding or following sessions of the General Assembly, on motion of the Attorney General or an assistant attorney general, it shall be a good ground for continuance that the Attorney General and his staff are occupied in aid of the business of the General Assembly.   (Ga. L. 1956, p. 700, § 1; Ga. L. 2019, p. 777, § 4/HB 502.)    The 2019 amendment,  effective May 7, 2019, substituted "reason" for "purpose" near the middle of this Code section. See Editor's note for applicability.   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-156.   Editor's notes.   - Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides that: "This Act shall apply to all civil and criminal cases, including, but not limited to, any case currently initiated within any court in this state."   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, § 52.
GA Code § 17-8-28 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-28. Witness in Attendance at General Assembly as Grounds for Granting Continuance

  Any person summoned to serve as a witness in a criminal case shall be excused by the judge from attendance at the court by reason of his attendance as a legislator at the General Assembly.   In all criminal cases, it shall be the duty of the presiding judge, on motion of either the state or the defendant, to continue the case when it appears that a material witness is absent from the court by reason of his attendance at the General Assembly.    (Ga. L. 1905, p. 93, § 3; Civil Code 1910, § 5712; Penal Code 1910, § 988; Code 1933, §§ 27-2003, 81-1407.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-159.   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, § 59.   ALR.    - Right to continuance to procure witness to alibi, 41 A.L.R. 1530.
GA Code § 17-8-29 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 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

 Should any member of the Board of Regents of the University System of Georgia or any member of the State Board of Education be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the member's absence from attending the session shall be good ground for a postponement or continuance of the case until the session of the board has ended.   (Ga. L. 1931, p. 7, § 56; Code 1933, § 81-1404; Ga. L. 1985, p. 1406, § 2; Ga. L. 1997, p. 143, § 17.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-151.   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, §§ 43, 52.
GA Code § 17-8-30 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 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

 Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has ended.   (Ga. L. 1933, p. 7, § 1; Code 1933, § 81-1405; Ga. L. 2009, p. 453, § 2-3/HB 228; Ga. L. 2010, p. 286, § 13/SB 244.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-152.   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, §§ 43, 52.
GA Code § 17-8-32 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-32. Effect of Admission by Opposing Party of Facts to Be Proved Upon Allowance of Continuance

 No continuance shall be allowed in any court on account of the absence of a witness or for the purpose of procuring testimony when the opposite party is willing to admit, and does not contest the truth of, the facts expected to be proved; and the court shall order such admission to be reduced to writing.   (Ga. L. 1853-54, p. 52, § 1; Code 1863, § 3452; Code 1868, § 3472; Code 1873, § 3523; Code 1882, § 3523; Civil Code 1895, § 5130; Penal Code 1895, § 963; Civil Code 1910, § 5716; Penal Code 1910, § 989; Code 1933, § 81-1411.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-161.   JUDICIAL DECISIONS   Denying continuance when prosecuting officer admits facts to which witness would testify.    - If the prosecuting officer admits the truth of facts to which it is claimed absent witnesses would testify, it is not error to overrule a motion for a continuance based on the absence of such witnesses. May v. State, 185 Ga. 335, 195 S.E. 196 (1938).    Notes of trial judge may show admission. Morgan v. State, 120 Ga. 499, 48 S.E. 238 (1904).    Cited in Pannell v. State, 29 Ga. 681 (1859); Delk v. State, 99 Ga. 667, 26 S.E. 752 (1896); Watson v. State, 118 Ga. 66, 44 S.E. 803 (1903); Reese v. State, 44 Ga. App. 251, 161 S.E. 156 (1931).   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, §§ 67, 69.   ALR.   - Admissions to prevent continuance sought to secure testimony of absent witness in criminal case, 9 A.L.R.3d 1180.
GA Code § 17-8-33 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 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

  Every person against whom a true bill of indictment is found or an accusation is made shall be tried at the term of the court at which the indictment is found or the accusation is made unless the absence of a material witness or the principles of justice should require a continuance of the case, in which case the court shall allow a continuance until the next term of the court. The court shall have power to allow the continuance of criminal cases from term to term, as often as the principles of justice may require, upon sufficient cause shown under oath.   No continuance shall be granted over the objection of the adverse party in any court which has a continuous session for 30 days or more where the cause for the continuance can be obviated by a postponement to a later day during the term. Whenever a motion and a proper showing for a continuance is made by either party, the presiding judge, at any time, shall set the case down for a later day during the same term if it shall be practicable thereby to avoid a continuance of the case until the next term.    (Laws 1833, Cobb's 1851 Digest, p. 835; Code 1863, § 4533; Code 1868, § 4553; Code 1873, § 4647; Code 1882, § 4647; Ga. L. 1893, p. 56, § 1; Penal Code 1895, § 961; Penal Code 1910, § 986; Code 1933, § 27-2002.)   Law reviews.   - For comment on Cannady v. State, 190 Ga. 227, 9 S.E.2d 241 (1940), see 3 Ga. B.J. 55 (1940).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Witnesses   Preparation for Trial   Practice and Procedure   Appellate Review    RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 280, 281, 286, 287.   C.J.S.   - 17 C.J.S., Continuances, § 1 et seq. 22A C.J.S., Criminal Procedure and Rights of the Accused, §§ 346 et seq., 567 et seq.   ALR.   - Hostile sentiment or prejudice as ground for continuance of criminal trial, 39 A.L.R.2d 1314.   Right of accused to continuance because of absence of witness who is fugitive from justice, 42 A.L.R.2d 1229.   Amendment of indictment or information with respect to name or capacity of person alleged to have been victim of crime as ground for continuance, 85 A.L.R.2d 1204.   Withdrawal, discharge, or substitution of counsel in criminal case as ground for continuance, 73 A.L.R.3d 725.   Illness or incapacity of judge, prosecuting officer, or prosecution witness as justifying delay in bringing accused speedily to trial - state cases, 78 A.L.R.3d 297.   Application of speedy trial statute to dismissal or other termination of prior indictment or information and bringing of new indictment or information, 39 A.L.R.4th 899.   Propriety of Continuance to Accommodate Pregnancy or Birth of Child, 53 A.L.R.7th 6.
GA Code § 17-8-34 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-34. Granting of Continuances in Cases Returned by Appellate Court for Trial

 When a case is sent back for trial to a superior, state, or city court by the Supreme Court or Court of Appeals, the case shall be in order for trial; and, if the continuances of either party are exhausted, the trial court may grant one continuance to the party, as the ends of justice may require.   (Ga. L. 1851-52, p. 214, § 6; Code 1863, § 3456; Code 1868, § 3476; Code 1873, § 3527; Code 1882, § 3527; Civil Code 1895, § 5134; Civil Code 1910, § 5720; Code 1933, § 81-1415.)   Cross references.   - Trial of cases returned for new trial by appellate courts generally, § 5-5-49.    Corresponding provision relating to civil procedure, § 9-10-162.
GA Code § 17-8-35 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-35. Effect of Continuance by Defendant Upon Trial of Codefendants

 The continuance of a case by one of several defendants indicted jointly shall not operate as a continuance as to the other defendants objecting thereto.   (Ga. L. 1858, p. 99, § 2; Code 1863, § 4575; Code 1868, § 4596; Code 1873, § 4693; Code 1882, § 4693; Penal Code 1895, § 967; Penal Code 1910, § 993; Code 1933, § 27-2004.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 280, 281.   C.J.S.   - 17 C.J.S., Continuances, § 1 et seq. 22A C.J.S., Criminal Procedure and Rights of the Accused, § 567 et seq.
GA Code § 17-8-36 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-36. Entry of Date of Continuance Upon Docket of Court; Announcement of Continuance in Open Court

 The judges of the superior, state, and city courts shall, upon the continuance of any case, enter the date of the continuance upon their dockets opposite the case and in open court make public announcement of the continuance.   (Ga. L. 1895, p. 41, § 1; Civil Code 1895, § 5140; Penal Code 1895, § 968; Civil Code 1910, § 5726; Penal Code 1910, § 994; Code 1933, § 81-1421; Ga. L. 1983, p. 884, § 3-20.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-169.   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, § 116 et seq.
GA Code § 17-8-37 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-37. Duration of Continuance

 When a court grants a continuance of a pending case for whatever cause, the continuance shall extend until the next term of court only.   (Laws 1799, Cobb's 1851 Digest, p. 486; Code 1863, § 3448; Code 1868, § 3468; Code 1873, § 3519; Code 1882, § 3519; Civil Code 1895, § 5126; Civil Code 1910, § 5710; Code 1933, § 81-1401.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-164.   JUDICIAL DECISIONS    Cited in Whitehead v. State, 43 Ga. App. 401, 158 S.E. 917 (1931).   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, § 115.   ALR.    - Effect of war on litigation pending at the time of its outbreak, 154 A.L.R. 1447.   Amendment of pleading with respect to parties or their capacity as ground for continuance, 67 A.L.R.2d 477.   Admissions to prevent continuance sought to secure testimony of absent witness in criminal case, 9 A.L.R.3d 1180.
GA Code § 17-8-38 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 2 - Continuances|§ 17-8-38. Case Not Reached at Trial Term Continued

 A case not reached at the trial term stands over as continued.   (Orig. Code 1863, § 3455; Code 1868, § 3475; Code 1873, § 3526; Code 1882, § 3526; Civil Code 1895, § 5133; Civil Code 1910, § 5719; Code 1933, § 81-1414.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-165.   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Continuances, §§ 11, 12, 17.