Georgia Statutes
§ 17-8-4 — Procedure for trial of jointly indicted defendants; right of defendants to testify for or against one another; order of separate trials; acquittal or conviction where offense requires joint action or concurrence; number of strikes allowed defendants
Georgia § 17-8-4
JurisdictionGeorgia
Title17
This text of Georgia § 17-8-4 (Procedure for trial of jointly indicted defendants; right of defendants to testify for or against one another; order of separate trials; acquittal or conviction where offense requires joint action or concurrence; number of strikes allowed defendants) 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. § 17-8-4 (2026).
Text
(a)When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testify for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others no
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Related
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539 S.E.2d 783 (Supreme Court of Georgia, 2000)
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552 S.E.2d 818 (Supreme Court of Georgia, 2001)
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McClendon v. State
791 S.E.2d 69 (Supreme Court of Georgia, 2016)
Barnett v. State
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Metz v. State
669 S.E.2d 121 (Supreme Court of Georgia, 2008)
Berry v. State
481 S.E.2d 203 (Supreme Court of Georgia, 1997)
Smith v. State
839 S.E.2d 630 (Supreme Court of Georgia, 2020)
Palmer v. State
303 Ga. 810 (Supreme Court of Georgia, 2018)
Flournoy v. State
755 S.E.2d 777 (Supreme Court of Georgia, 2014)
Loren v. State
493 S.E.2d 175 (Supreme Court of Georgia, 1997)
Kennedy v. State
317 S.E.2d 822 (Supreme Court of Georgia, 1984)
COLLINS v. THE STATE (Three Cases)
864 S.E.2d 85 (Supreme Court of Georgia, 2021)
Robinson v. State
297 S.E.2d 751 (Court of Appeals of Georgia, 1982)
Walter v. State
822 S.E.2d 266 (Supreme Court of Georgia, 2018)
HENDERSON v. THE STATE (Two Cases)
891 S.E.2d 884 (Supreme Court of Georgia, 2023)
Floyd v. State
837 S.E.2d 790 (Supreme Court of Georgia, 2020)
Lowe v. State
879 S.E.2d 492 (Supreme Court of Georgia, 2022)
Griffin v. State
737 S.E.2d 682 (Supreme Court of Georgia, 2013)
Daniels v. State
805 S.E.2d 80 (Supreme Court of Georgia, 2017)
Legislative History
Added by 2005 Ga. Laws 8,§ 9, eff. 7/1/2005.
Nearby Sections
15
§ 17-1-2
Maintenance of penal actions§ 17-10-1-4
Split sentence§ 17-10-10
Concurrent sentencesCite This Page — Counsel Stack
Bluebook (online)
Georgia § 17-8-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/17-8-4.