GA 17-8-2 - GA 17-8-2

JUDICIAL DECISIONS Once indictment occurs, O.C.G.A. § 17-8-2 applies, and the defendant and victim may not settle the offense between themselves without approval of the court. Pratt v. State, 167 Ga. App. 819 , 307 S.E.2d 714 (1983). Submission to jury not required when essential element of charge not provable. - There was no error when the trial judge dismissed one count of an indictment on the defendant's motion even though there was no settlement of the case between the defendant and the prosecutor since the trial judge had the authority to keep the case from a jury after the judge determined that the state could not as a matter of law establish an essential element of the offense charged. State v. Finkelstein, 170 Ga. App. 608 , 317 S.E.2d 648 (1984). What settlements require court app...