Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 3. DEFENSES TO CRIMINAL PROSECUTIONS · Article 3. ALIBI

16-3-40. Alibi.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

The defense of alibi involves the impossibility of the accused’s presence at the scene of the offense at the time of its commission. The range of the evidence in respect to time and place must be such as reasonably to exclude the possibility of presence.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Penal Code 1895, § 992; Penal Code 1910, § 1018; Code 1933, § 38-122.

Law reviews

For note discussing Smith v. Smith, 454 F.2d 572 (5th Cir. 1971), rehearing and rehearing en banc denied February 1, 1972, see 23 Mercer L. Rev. 977 (1972). For comment on Parham v. State, 120 Ga. App. 723, 171 S.E.2d 911 (1969) and the rejection of charge that defendant must prove alibi to the satisfaction of the jury, see 21 Mercer L. Rev. 511 (1970). For comment on Bassett v. Smith, 464 F.2d 347 (5th Cir. 1972), refusing to apply decision holding Georgia’s alibi instruction unconstitutional retroactively, see 9 Ga. St. B. J. 500 (1973).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-2019-pdf.pdf, Volume V14, 2019 edition, page 349; merge action: annotated; file SHA-256 7e331f0ca7d3.