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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 9. VERDICT AND JUDGMENT GENERALLY · Article 1. GENERAL PROVISIONS

17-9-2. Jury to judge law and facts and give general verdict; imposition of sentence; form and construction of verdicts.

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

  1. The jury shall be the judges of the law and the facts in the trial of all criminal cases and shall give a general verdict of ‘‘guilty’’ or ‘‘not guilty.’’ Upon a verdict of ‘‘guilty,’’ the sentence shall be imposed by the judge, unless otherwise provided by law. Verdicts are to have a reasonable intendment, are to receive a reasonable construction, and are not to be avoided unless from necessity.

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 1833, Cobb’s 1851 Digest, p. 835; Code 1863, §§ 3481, 4532; Code 1868, §§ 3503, 4552; Code 1873, §§ 3561, 4646; Code 1882, §§ 3561, 4646; Penal Code 1895, § 1033; Penal Code 1910, § 1059; Code 1933, § 27-2301; Ga. L. 1974, p. 352, § 1.

Cross references

Ga. Const. 1983, Art. I, Sec. I, Para. XI. Trial juries, § 15-12-120 et seq.

Law reviews

For comment on Finch v. State, 87 Ga. App. 426, 74 S.E.2d 121 (1953), granting defendant a new trial where the jury returned inconsistent verdicts, see 17 Ga. B.J. 381 (1955).

Other notes

U.S. Code.
Verdicts, Federal Rules of Criminal Procedure, Rule 31.

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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, pages 970 to 971; merge action: carried; file SHA-256 0b0d45f9c609.

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