GA 17-3-1 - GA 17-3-1

Decisions Under Former Code 1933, § 27-601 Before Enactment of Ga. L. 1968, p. 1249 Homicide indictment must allege date of death. - Unless the common-law rules are relaxed, an indictment for homicide must allege the date of death of the victim for the reason that it must appear from the indictment that the death occurred within a year and a day from the date of the infliction of the injury. Head v. State, 68 Ga. App. 759 , 24 S.E.2d 145 (1943). Date must be within year and day of wound. - If it does not appear that the death of the person charged to have been killed happened within a year and a day after the wound was given, the indictment will be deemed fatally defective since when death does not ensue within such time the law presumes that death proceeded from some other cause. Head v. ...