GA 16-4-6 - GA 16-4-6

JUDICIAL DECISIONS Editor's notes. - In light of the similarity of the statutory provisions, decisions under former Code 1873, § 4712 are included in the annotations for this Code section. Statute not confined to indictments for attempts. - Penalties prescribed for attempts to commit offenses apply equally whether indictment is under statute for attempt, or under some other statute for offense itself and only attempt is found by jury. Miller v. State, 58 Ga. 200 (1877) (decided under former Code 1873, § 4712). O.C.G.A. §§ 16-4-6 and 16-13-33 are mutually exclusive and there is no uncertainty as to which applies because § 16-13-33 renders § 16-4-6 inapplicable in prosecutions under the Georgia Controlled Substances Act as when a crime is penalized by a special law, the general provisions of...