reglab/housing_qa huggingface dataset:
GA Code § 17-8-51 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 3 - Conduct of Proceedings|§ 17-8-51. Admissibility of Testimony of Inmates in Trials for Crime of Mutiny

 At the trial of an inmate of a penal institution for the crime of mutiny, any other inmate not included in the same indictment shall be a competent witness, and the infamy of his character and of the crime of which he has been convicted shall be exceptions to his credit only.   (Laws 1833, Cobb's 1851 Digest, p. 840; Code 1863, § 4563; Code 1868, § 4583; Code 1873, § 4677; Code 1882, § 4677; Penal Code 1895, § 331; Penal Code 1910, § 336; Code 1933, § 26-4803; Code 1933, § 26-9903, enacted by Ga. L. 1968, p. 1249, § 1.)   Cross references.   - Mutiny generally, § 16-10-54.   JUDICIAL DECISIONS    Cited in Bussey v. State, 202 Ga. App. 483, 414 S.E.2d 710 (1992).   RESEARCH REFERENCES   ALR.   - Propriety of jury instruction regarding credibility of witness who has been convicted of a crime, 9 A.L.R.4th 897.
GA Code § 17-8-52 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 3 - Conduct of Proceedings|§ 17-8-52. Oath to Be Administered to Witnesses

  The following oath shall be administered to witnesses in criminal cases:  "Do you solemnly swear or affirm that the evidence you shall give to the court and jury in the matter now pending before the court shall be the truth, the whole truth, and nothing but the truth? So help you God."    Any oath given that substantially complies with the language in this Code section shall subject the witness to the provisions of Code Section 16-10-70.    (Laws 1833, Cobb's 1851 Digest, p. 836; Code 1863, § 4537; Code 1868, § 4557; Code 1873, § 4651; Code 1882, § 4651; Penal Code 1895, § 980; Penal Code 1910, § 1006; Code 1933, § 38-1702; Ga. L. 1997, p. 1499, § 2.)   Cross references.   - Perjury and related offenses, § 16-10-70 et seq.   JUDICIAL DECISIONS    District attorney may administer the oath under court direction. Thomas v. State, 67 Ga. 460 (1881).   Materially different oath cannot be basis for perjury prosecution.    - When it is affirmatively shown that the oath administered to a witness was materially different in both form and substance than the prescribed statutory oath, the administered oath was not a lawful one and cannot properly be the basis for a perjury prosecution. Kirkland v. State, 140 Ga. App. 197, 230 S.E.2d 347 (1976).   Oath not materially different.    - Oath given to arresting officer indicating the defendant's name, the crimes charged, and the fact that the testimony was being given in a trial and not a grand jury proceeding was not materially different in both form and substance from the prescribed statutory oath and was proper. Elam v. State, 211 Ga. App. 739, 440 S.E.2d 511 (1994).   Oath materially different but not harmful.    - Trial court erred in permitting an undercover agent to testify after being administered an oath that did not substantially comply with O.C.G.A. § 17-8-52; but the error was not sufficiently harmful to warrant reversal. Lee v. State, 223 Ga. App. 438, 477 S.E.2d 872 (1996).   Oath administered is presumed to be lawful.    - When there is evidence that an oath was administered to a witness, it will be presumed in the absence of proof to the contrary that the lawful or statutory oath was administered. Kirkland v. State, 140 Ga. App. 197, 230 S.E.2d 347 (1976).   Failure to make timely objection to oath.    - When the defendant fails to make a timely objection to the state's failure to administer the oath to witnesses in the precise terms set forth in this section, waiting instead until the state rests the state's case, the defendant waives the objection and cannot complain on appeal. Joseph v. State, 149 Ga. App. 296, 254 S.E.2d 383 (1979); Montes v. State, 262 Ga. 473, 421 S.E.2d 710 (1992).   Omission of oath not ground for new trial.    - See Smith v. State, 81 Ga. 479, 8 S.E. 187 (1888); Rhodes v. State, 122 Ga. 568, 50 S.E. 361 (1905).    Cited in Hilson v. State, 204 Ga. App. 200, 418 S.E.2d 784 (1992).
GA Code § 17-8-56 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 3 - Conduct of Proceedings|§ 17-8-56. Writing Out and Reading of Charge to Jury; Filing of Charge; Furnishing of Copies of Charge

  The judges of the superior, state, and city courts shall, when the counsel for either party requests it before argument begins, write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read.   The charge so written out and read shall be filed with the clerk of the court in which it was given and shall be accessible to all persons interested in it. The clerk shall give certified copies of the charge to any person applying therefor, upon payment of the usual fee.   This Code section shall not apply when there is an official stenographer or reporter of the court in attendance thereon who takes down in shorthand and writes out the full charge of the trial judge in the case upon the direction of court.     (Ga. L. 1860, p. 42, §§ 1, 2; Code 1863, §§ 240, 241; Code 1868, §§ 234, 235; Code 1873, §§ 244, 245; Ga. L. 1877, p. 13, § 1; Ga. L. 1878-79, p. 150, § 1; Code 1882, §§ 244, 245; Civil Code 1895, §§ 4318, 4319; Penal Code 1895, §§ 1030, 1031; Ga. L. 1897, p. 41, § 1; Civil Code 1910, §§ 4847, 4848; Penal Code 1910, §§ 1056, 1057; Code 1933, §§ 81-1102, 81-1103; Ga. L. 1943, p. 262, § 1; Ga. L. 1983, p. 884, § 3-21; Code 1981, §17-8-56, as redesignated by Ga. L. 1985, p. 1190, § 1.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-5.   Editor's notes.   - Former Code Section 17-8-54 was redesignated as this Code section by Ga. L. 1985, p. 1190, § 1.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Practice and Procedure   Appellate Review    RESEARCH REFERENCES   C.J.S.   - 89 C.J.S. (Rev), Trial, §§ 573, 574, 727 et seq.   ALR.    - Duty of court in criminal case, in absence of request, to charge with respect to circumstantial evidence, 15 A.L.R. 1049.    Failure of instruction on reasonable doubt to include phrase "lack of evidence" or equivalent as reversible error, 67 A.L.R. 1372.    Propriety of instruction in criminal case as to the importance of enforcement of law, or duty of jury in that regard, 124 A.L.R. 1133.   Propriety and effect, in criminal case, of use of alias of accused in instructions to jury, 87 A.L.R.2d 1217.   Propriety of specific jury instructions as to credibility of accomplices, 4 A.L.R.3d 351.   Prejudicial effect of statement or instruction of court as to possibility of parole or pardon, 12 A.L.R.3d 832.   Propriety of reference, in instruction in criminal case, to jurors' duty to God, 39 A.L.R.3d 1445.   Modern status of law regarding cure of error, in instruction as to one offense, by conviction of higher or lesser offense, 15 A.L.R.4th 118.
GA Code § 17-8-58 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 3 - Conduct of Proceedings|§ 17-8-58. Objections to Jury Charges Prior to the Jury Retiring to Deliberate; Failure to Raise Objections

  Any party who objects to any portion of the charge to the jury or the failure to charge the jury shall inform the court of the specific objection and the grounds for such objection before the jury retires to deliberate. Such objections shall be done outside of the jury's hearing and presence.   Failure to object in accordance with subsection (a) of this Code section shall preclude appellate review of such portion of the jury charge, unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties. Such plain error may be considered on appeal even if it was not brought to the court's attention as provided in subsection (a) of this Code section.     (Code 1981, §17-8-58, enacted by Ga. L. 2007, p. 595, § 1/HB 197.)   Editor's notes.   - Ga. L. 2007, p. 595, § 5/HB 197, not codified by the General Assembly, provides that this Code section shall apply to all trials which occur on or after July 1, 2007.   Law reviews.   - For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Appellate Review
GA Code § 17-8-71 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 4 - Conduct and Argument of Counsel|§ 17-8-71. Order of Argument After Evidence Presented

 After the evidence is closed on both sides, the prosecuting attorney shall open and conclude the argument to the jury. The defendant shall be entitled to make a closing argument prior to the concluding argument of the prosecuting attorney.   (Ga. L. 1851-52, p. 242, § 1; Code 1868, § 4551; Code 1873, § 4645; Code 1882, § 4645; Penal Code 1895, § 1029; Penal Code 1910, § 1055; Code 1933, § 27-2201; Ga. L. 2005, p. 20, § 10/HB 170.)   Cross references.   - Right of district attorney to open and defendant or counsel to conclude argument in presentence hearings, § 17-10-2(a).   Editor's notes.   - Ga. L. 2005, p. 20, § 1/HB 170, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Criminal Justice Act of 2005.'"   Ga. L. 2005, p. 20, § 17/HB 170, not codified by the General Assembly, provides that the 2005 amendment applies to all trials which commence on or after July 1, 2005.   U.S. Code.   - Closing arguments, Federal Rules of Criminal Procedure, Rule 29.1.   Law reviews.   - For annual survey article discussing developments in criminal law, see 51 Mercer L. Rev. 209 (1999). For annual survey of criminal law, see 56 Mercer L. Rev. 153 (2004). For comment on Park v. State, 224 Ga. 467, 162 S.E.2d 359 (1968), see 20 Mercer L. Rev. 318 (1969).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Opening and Closing by Defendant   Waiver of Right to Open and Close   Denial of Right to Open and Close    RESEARCH REFERENCES   ALR.   - Time as of which defense counsel in criminal case may make opening statement, 93 A.L.R.2d 951.   Propriety and prejudicial effect of prosecuting attorney's arguing new matter or points in his closing summation in criminal case, 26 A.L.R.3d 1409.   Power of trial court to dismiss prosecution or direct acquittal on basis of prosecutor's opening statement, 75 A.L.R.3d 649.   Propriety of trial court order limiting time for opening or closing argument, 71 A.L.R.4th 200.   Negative characterization or description of defendant, by prosecutor during summation of criminal trial, as ground for reversal, new trial, or mistrial - modern cases, 88 A.L.R.4th 8.   Propriety and prejudicial effect of counsel's negative characterization or description of witness during summation of criminal trial - modern cases, 88 A.L.R.4th 209.
GA Code § 17-8-72 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 4 - Conduct and Argument of Counsel|§ 17-8-72. Misdemeanors and Cases Arising From Inferior Judicatories; Time Limits on Closing Argument

 In all misdemeanor cases and cases brought up from inferior judicatories, counsel for either party shall not occupy more than one-half hour in the whole discussion of the case after the evidence is closed without obtaining special leave of the court before the argument is opened.   (Ga. L. 1924, p. 75, § 2; Code 1933, § 27-2203.)   RESEARCH REFERENCES   C.J.S.   - 88 C.J.S., Trial, § 288 et seq.   ALR.    - Allowing attorney to exceed allotted time for argument as reversible error, 1 A.L.R. 1257.   Propriety of trial court order limiting time for opening or closing argument in criminal case - state cases, 71 A.L.R.4th 200.
GA Code § 17-8-74 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 4 - Conduct and Argument of Counsel|§ 17-8-74. Allowance of Additional Time for Closing Argument

 If, before argument begins, counsel on either side applies to the court for an extension of the time prescribed for argument and states in his place or on oath, in the discretion of the court, that he cannot do the case justice within the time prescribed and that it will require for that purpose additional time, stating how much additional time will be necessary, the court shall grant such extension of time as may seem reasonable and proper, provided that the extension of time granted in misdemeanor cases or cases brought up from inferior judicatories shall not exceed 30 minutes.   (Ga. L. 1924, p. 75, § 4; Code 1933, § 27-2205; Ga. L. 1982, p. 3, § 17.)   RESEARCH REFERENCES   ALR.    - Allowing attorney to exceed allotted time for argument as reversible error, 1 A.L.R. 1257.   Propriety of trial court order limiting time for opening or closing argument in criminal case - state cases, 71 A.L.R.4th 200.
GA Code § 17-8-76 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 4 - Conduct and Argument of Counsel|§ 17-8-76. Argument to or in Front of Jury as to Possibility of Clemency

  No attorney at law in a criminal case shall argue to or in the presence of the jury that a defendant, if convicted, may not be required to suffer the full penalty imposed by the court or jury because pardon, parole, or clemency of any nature may be granted by the Governor, the State Board of Pardons and Paroles, or other proper authority vested with the right to grant clemency.   If counsel for either side in a criminal case argues to or in the presence of the jury as provided in subsection (a) of this Code section, opposing counsel shall have the right immediately to request the court to declare a mistrial, in which case it shall be mandatory upon the court to declare a mistrial. Failure to declare a mistrial shall constitute reversible error.   This Code section shall be construed as setting forth requirements in addition to other requirements of law.    (Ga. L. 1955, p. 191, §§ 1-3.)   Law reviews.   - For note, "Can't Do the Time, Don't Do the Crime?: Dixon v. State, Statutory Construction, and the Harsh Realities of Mandatory Minimum Sentencing in Georgia," see 22 Ga. St. U.L. Rev. 519 (2005).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Clemency   Probation and Parole   Death Penalty   Mistrial    RESEARCH REFERENCES   C.J.S.   - 16 C.J.S., Constitutional Law, § 326. 24 C.J.S., Criminal Procedure and Rights of the Accused, § 2419. 67A C.J.S., Pardon and Parole, § 1 et seq.   ALR.   - Prejudicial effect of statement or instruction of court as to possibility of parole or pardon, 12 A.L.R.3d 832.   Double jeopardy as bar to retrial after grant of defendant's motion of mistrial, 98 A.L.R.3d 997.
GA Code § 17-9-1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 1 - General Provisions|§ 17-9-1. When Direction of Verdict of Acquittal Authorized; When Motion for Directed Verdict of Acquittal Allowed; Effect of Motion Upon Defendant's Right to Present Evidence and Right to Jury Trial; Assent of Jury Not Required

  Where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal or "not guilty" as to the entire offense or to some particular count or offense, the court may direct the verdict of acquittal to which the defendant is entitled under the evidence and may allow the trial to proceed only as to the counts or offenses remaining, if any.   The defendant shall be entitled to move for a directed verdict at the close of the evidence offered by the prosecuting attorney or at the close of the case, even if he fails to introduce any evidence at the trial. A defendant who moves for a directed verdict at the close of the evidence offered by the prosecuting attorney may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted shall not be deemed to be a waiver of the right to trial by jury. The order of the court granting a motion for a directed verdict of acquittal is effective without any assent of the jury.    (Code 1933, § 27-1802, enacted by Ga. L. 1971, p. 460, § 1; Ga. L. 1982, p. 3, § 17.)   Law reviews.   - For article discussing the effect of United States v. Bell, 678 F.2d 547 (5th Cir. 1982), on the directed verdict in criminal cases, see 35 Mercer L. Rev. 1209 (1984).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Evidence   Application   Practice and Procedure    RESEARCH REFERENCES   C.J.S.   - 22 C.J.S., Criminal Law: Substantive Procedures, § 188 et seq. 22A C.J.S., Criminal Procedure and Rights of the Accused, § 639 et seq. 23A C.J.S., Criminal Procedure and Rights of the Accused, §§ 1387, 1980 et seq.   ALR.    - Power and duty of court to direct or advise acquittal in criminal case for insufficiency of evidence, 17 A.L.R. 910.    Power of court to enter nolle prosequi or dismiss prosecution, 69 A.L.R. 240.    Propriety of direction of verdict of guilty or of instruction or requested instruction requiring jury in criminal case to take the law from the court, or advising them as to their duty in that regard, 72 A.L.R. 899.    Power of trial court to dismiss defendant in criminal case for insufficiency of evidence after submitting case to jury or after verdict of guilty, 131 A.L.R. 187.   Propriety of direction of verdict in favor of fewer than all defendants at close of plaintiff's case, 82 A.L.R.3d 974.   Prejudicial effect of juror misconduct arising from internet usage, 48 A.L.R.6th 135.
GA Code § 17-9-21 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 2 - Rendition and Receipt of Verdict|§ 17-9-21. Receipt of Verdicts

 Verdicts shall be received only in open court, in the absence of agreement of the parties.   (Orig. Code 1863, § 3486; Code 1868, § 3509; Code 1873, § 3567; Code 1882, § 3567; Civil Code 1895, § 5336; Civil Code 1910, § 5931; Code 1933, § 110-107.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-12-3.   RESEARCH REFERENCES   ALR.    - Judgments enforcing contract contrary to public policy as subject to collateral attack, 30 A.L.R. 1100.    Right to have jury polled regarding method of reaching verdict, 86 A.L.R. 203.   Absence of accused at return of verdict in felony case, 23 A.L.R.2d 456.
GA Code § 17-9-23 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 2 - Rendition and Receipt of Verdict|§ 17-9-23. Commending or Complimenting of Jury by Judge

 No judge of any court may commend or compliment a jury during the term of any court for discharging its duty if the commendation or compliment has the effect of approving of a verdict.   (Ga. L. 1918, p. 168, § 3; Code 1933, § 110-203.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-8.   JUDICIAL DECISIONS   Comment by judge that verdict is proper and just.    - Trial judge is not disqualified from passing upon the motion for a new trial when, after the verdict of guilty is returned into court, the judge states: "I think it is a proper verdict and one fully justified; I think the verdict is just." Johnson v. State, 46 Ga. App. 494, 167 S.E. 900 (1933).   Penalty is disqualification from presiding over new trial.    - Penalty for violating this section was the same as that prescribed for a judge's approval or disapproval of the verdict of the jury in open court, which penalty is the judge's disqualification in case a new trial should be granted. Johnson v. State, 46 Ga. App. 494, 167 S.E. 900 (1933).   Disqualification is not from hearing motion for new trial.    - Former Code 1933, §§ 110-201 - 110-203 (see O.C.G.A. §§ 17-9-22 and17-9-23) nowhere say a judge was disqualified in a hearing on a motion for a new trial, but say that, if the judge in the original trial does certain things prohibited therein, the judge was disqualified on a retrial of the case, in the event a new trial was granted. Johnson v. State, 46 Ga. App. 494, 167 S.E. 900 (1933).    Court's thanking jury for jury's service prior to determination that verdict was unanimous did not prejudice the verdict under O.C.G.A. § 17-9-23. Mobley v. State, 162 Ga. App. 23, 288 S.E.2d 702 (1982).   RESEARCH REFERENCES   Am. Jur. 2d.   - 75B Am. Jur. 2d, Trial, § 1268 et seq.   C.J.S.   - 88 C.J.S. (Rev), Trial, §§ 305, 318 et seq.   ALR.    - Threat to dismiss jury in criminal case for term, unless they could agree on verdict, as coercion, 10 A.L.R. 421.
GA Code § 17-9-41 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 3 - Amendment and Impeachment of Verdict|§ 17-9-41. Use of Affidavits of Jurors Relating to Verdict

 Repealed by Ga. L. 2011, p. 99, § 33/HB 24, effective January 1, 2013.   Editor's notes.   - This Code section was based on Civil Code 1895, § 5338; Civil Code 1910, § 5933; Code 1933, § 110-109.   Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Ga. L. 2016, p. 864, § 17/HB 737, part of an Act to revise, modernize, and correct the Code, purported to designate this reserved Code section as repealed; however, due to the pre-existing designation of this Code section as repealed, this amendment has not been given effect.
GA Code § 17-9-60 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 4 - Motions in Arrest|§ 17-9-60. Jurisdiction of Motion; Notification of Opposing Party

 All motions to arrest a judgment must be made to the court by which the judgment was rendered, and the opposite party must have reasonable notice of such motions.   (Orig. Code 1863, § 3511; Code 1868, § 3534; Code 1873, § 3592; Code 1882, § 3592; Civil Code 1895, § 5367; Civil Code 1910, § 5962; Code 1933, § 110-707.)   RESEARCH REFERENCES   ALR.    - Meritorious defense as condition of injunction against or direct attack upon judgment for want of jurisdiction, 118 A.L.R. 1498.    Power of lower court to set aside, on ground of fraud, judgment entered pursuant to mandate of, or affirmed by, reviewing court, 146 A.L.R. 1230.    Power of court to vacate or modify its judgment or order after expiration of prescribed period upon application made within that period, 168 A.L.R. 204.
GA Code § 17-9-61 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 4 - Motions in Arrest|§ 17-9-61. Time and Grounds for Motion Generally

  When a judgment has been rendered, either party may move in arrest thereof for any defect not amendable which appears on the face of the record or pleadings.   A motion in arrest of judgment must be made during the term at which the judgment was obtained.    (Orig. Code 1863, §§ 3506, 3507; Code 1868, §§ 3529, 3530; Code 1873, §§ 3587, 3588; Code 1882, §§ 3587, 3588; Civil Code 1895, §§ 5362, 5363; Civil Code 1910, §§ 5957, 5958; Code 1933, §§ 110-702, 110-703.)   RESEARCH REFERENCES   ALR.    - Time within which application to reopen or set aside a judgment by confession under warrant of attorney may be made, 112 A.L.R. 797.    Scope and character of meritorious defense as condition of relief from judgment, 174 A.L.R. 10.   Right of successful party to have judgment in his favor vacated or set aside on grounds of mistake, inadvertence, excusable neglect, or the like, 40 A.L.R.2d 1127.   Attorney's inaction as excuse for failure to timely prosecute action, 15 A.L.R.3d 674.   Right to a jury trial on motion to vacate judgment, 75 A.L.R.3d 894.   DNA evidence as newly discovered evidence which will warrant grant of new trial or other postconviction relief in criminal case, 125 A.L.R.5th 497.   Actual innocence exception to procedural bars in state post-conviction proceedings, 97 A.L.R.6th 263.