Title 17, Chapter 7, Section 71
( 17-7-71)
(a) In all misdemeanor cases in superior, state, or county courts,
the defendant may be tried upon an accusation framed and signed by
the prosecuting attorney of the court. The accusation need not be
supported by an affidavit except in those cases where the defendant
has not been previously arrested in conjunction with the transaction
charged in the accusation and where the accusation is to be used as
the basis for the issuance of a warrant for the arrest of the
defendant. (b)(1) In all misdemeanor cases arising out of violations of the
laws of this state, relating to (A) the operation and licensing of
motor vehicles and operators; (B) the width, height, and length of
vehicles and loads; (C) motor common carriers and motor contract
carriers; or (D) road taxes on motor carriers as provided in
Article 2 of Chapter 9 of Title 48, the defendant may be tried
upon the uniform traffic citation and complaint provided for in
Article 1 of Chapter 13 of Title 40. (2) In all misdemeanor cases arising out of violations of the laws of this state relating to game, fish, or boating, the defendant may be tried upon the summons provided for in Code Section 27-1-35. (c) Every accusation which states the offense in the terms and
language of the law or so plainly that the nature of the offense
charged may be easily understood by the jury shall be deemed
sufficiently technical and correct. (d) An accusation substantially complying with the following form
shall in all cases be sufficient: IN THE ________ COURT OF ________ COUNTY
STATE OF GEORGIA On behalf of the people of the State of Georgia, the undersigned,
as prosecuting attorney for the county and state aforesaid, does
hereby charge and accuse (name of accused) with the offense of
______________; for that the said (name of accused) (state with
sufficient certainty the offense and the time and place it
occurred) contrary to the laws of this state, the good order,
peace, and dignity thereof. /s/ ______________________________________
(District attorney)(Solicitor-general) (e) If there should be more than one count, each additional count
shall state: The undersigned, as prosecuting attorney, does further charge and
accuse the said (name of accused) with the offense of
______________ (the offense as before); for that the said (name of
accused) (state with sufficient certainty the offense and the time
and place it occurred), contrary to the laws of this state, the
good order, peace, and dignity thereof. (f) Prior to trial, the prosecuting attorney may amend the
accusation to allege or to change the allegations regarding any
offense arising out of the same conduct of the defendant which gave
rise to any offense alleged or attempted to be alleged in the
original accusation. A copy of any such amendment shall be served
upon the defendant or his counsel and the original filed with the
clerk of the court. On motion, the court shall grant the defendant a
continuance which is reasonably necessitated by an amendment. |