Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 7. PRETRIAL PROCEEDINGS · Article 3. INDICTMENTS

17-7-53. Operation of two returns of ‘‘no bill’’ on charge as bar to future prosecution for same charge.

Active

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

Two returns of ‘‘no bill’’ by grand juries on the same charge or allegation shall be a bar to any future prosecution of a person for the same offense under the same or another name; provided, however, that, if the returns have been procured by the fraudulent conduct of the person charged or there is newly discovered evidence, upon proof, the judge may allow a third bill to be presented, found, and prosecuted.

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

Laws 1850, Cobb’s 1851 Digest, p. 864; Code 1863, § 4591; Code 1868, § 4612; Code 1873, § 4708; Code 1882, § 4708; Penal Code 1895, § 930; Penal Code 1910, § 955; Code 1933, § 27-702.

Cross references

Multiple jeopardy, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVIII.

Read the official page (the state's PDF, opened at the page this text was read from).

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

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, page 477; merge action: carried; file SHA-256 0b0d45f9c609.