Georgia Statutes
§ 16-1-8 — When prosecution barred by former prosecution
Georgia § 16-1-8
JurisdictionGeorgia
Title16
This text of Georgia § 16-1-8 (When prosecution barred by former prosecution) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 16-1-8 (2026).
Text
(a)A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution:
(1)Resulted in either a conviction or an acquittal; or (2) Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts or after a plea of guilty was accepted by the court.
(b)A prosecution is barred if the accused was formerly prosecuted for a different crime or for the same crime based upon different facts, if such former prosecution:
(1)Resulted in either a conviction or an acquittal and the subsequent prosecution is for a crime of which the accused could have been convicted on the former prosecutio
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Related
Moon v. State
860 S.E.2d 519 (Supreme Court of Georgia, 2021)
Harvey v. State
797 S.E.2d 75 (Supreme Court of Georgia, 2017)
Dean v. State
449 S.E.2d 158 (Court of Appeals of Georgia, 1994)
Sandner v. State
387 S.E.2d 27 (Court of Appeals of Georgia, 1989)
Duncan v. State
425 S.E.2d 307 (Court of Appeals of Georgia, 1992)
Andrew v. State
456 S.E.2d 227 (Court of Appeals of Georgia, 1995)
State v. Hulsey
455 S.E.2d 398 (Court of Appeals of Georgia, 1995)
Zolun v. State
314 S.E.2d 672 (Court of Appeals of Georgia, 1984)
Phillips v. State
398 S.E.2d 234 (Court of Appeals of Georgia, 1990)
Clark v. State
390 S.E.2d 425 (Court of Appeals of Georgia, 1990)
Burks v. State
392 S.E.2d 300 (Court of Appeals of Georgia, 1990)
Howard v. State
326 S.E.2d 546 (Court of Appeals of Georgia, 1985)
Selvey v. State
412 S.E.2d 611 (Court of Appeals of Georgia, 1991)
Doehling v. State
484 S.E.2d 791 (Court of Appeals of Georgia, 1997)
Gentry v. State
426 S.E.2d 52 (Court of Appeals of Georgia, 1992)
State v. Whitlock
346 S.E.2d 896 (Court of Appeals of Georgia, 1986)
Marcus Daniels v. State
(Court of Appeals of Georgia, 2020)
State v. Samuel Carlton Adams
(Court of Appeals of Georgia, 2020)
Thomas v. State
364 S.E.2d 630 (Court of Appeals of Georgia, 1988)
Brown v. State
373 S.E.2d 293 (Court of Appeals of Georgia, 1988)
Nearby Sections
15
§ 16-1-1
Short title§ 16-1-2
Purposes of title§ 16-1-3
Definitions§ 16-10-1
Violation of oath by public officer§ 16-10-2
BriberyCite This Page — Counsel Stack
Bluebook (online)
Georgia § 16-1-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/16-1-8.