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Moss v. State

Citations

  • 469 S.E.2d 325
  • 220 Ga. App. 150
  • 96 Fulton County D. Rep. 652
  • 1996 Ga. App. LEXIS 130

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court erred in denying the defendant’s motion for directed verdict when no exception to the statute of limitation was alleged in the indictment
  • holding that, because “no exception was alleged in the indictment, the State was incapable of proving an exception to toll the applicable four-year statute of limitation, as such proof was inadmissible”
  • defendant entitled to directed verdict of acquittal because indictment did not allege exception to statute of limitations and thus proof of exception is inadmissible at trial
  • defendant entitled to directed verdict of acquittal because indictment did not allege exception to statute of limitations and thus proof of exception is inadmissible at trial
  • exception to statute of limitation must be alleged in indictment and proved by State
  • trial court did not err in directing a verdict of acquittal when State failed to initiate prosecution within the four years provided by OCGA § 17-3-1 (c) and when the indictment failed to allege the seven-year exception in the same statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackburn, McMurray, Andrews

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

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