GA 16-5-80 - GA 16-5-80

JUDICIAL DECISIONS Constitutionality. - O.C.G.A. § 16-5-80 informs all of what actions the state prohibits with sufficient definiteness that ordinary people can understand and thus is not unconstitutionally vague. Brinkley v. State, 253 Ga. 541 , 322 S.E.2d 49 (1984). O.C.G.A. § 16-5-80 is not unconstitutionally vague, since the case law of Georgia has long adopted the common-law understanding of "quick": when the fetus is so far developed as to be capable of movement within the mother's womb. Smith v. Newsome, 815 F.2d 1386 (11th Cir. 1987). O.C.G.A. § 16-5-80 is not unconstitutional either because there is no unlawful taking of a human life or because an unborn child is not a "person" within the meaning of the Fourteenth Amendment, a proposition that is simply immaterial in the present c...