GA 17-16-5 - GA 17-16-5

JUDICIAL DECISIONS Duty of state. - Use of the word "shall" indicates clearly that the state is required to file a rebuttal to the defendant's notification. White v. State, 271 Ga. 130 , 518 S.E.2d 113 (1999). State did not satisfy the state's obligation under O.C.G.A. § 17-16-5 because the state previously supplied a list of witnesses and the rebuttal witnesses were named on that list. White v. State, 271 Ga. 130 , 518 S.E.2d 113 (1999). State was obligated to respond to the defendants' notification of the defendants' intention to rely upon alibi as a defense, and neither the state's general witness list, nor the state's entitlement to rebut or impeach a witness's testimony with conflicting testimony or statements under former O.C.G.A. §§ 24-9-82 and 24-9-83 (see O.C.G.A. §§ 24-6-608 , 24...