GA 17-16-1 - GA 17-16-1

JUDICIAL DECISIONS "Witness" does not include defendant. - Term "witness", as it is used in O.C.G.A. § 17-16-5(a) , as defined by O.C.G.A. § 17-16-1(3) , "does not include the defendant"; thus, the trial court's ruling requiring the defendant to give notice to the state of any alibi testimony the defendant might give at the trial on the defendant's own behalf was erroneous. Johnson v. State, 272 Ga. 468 , 532 S.E.2d 377 (2000). Failure to produce investigator's notes. - Trial court abused the court's discretion in imposing the extreme sanction of evidence exclusion for the state's failure to produce the investigator's notes because the record did not show that the investigator's informal notes, which the state could not produce, were subject to discovery under any of the provisions of Geor...