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State v. Barker

Citations

  • 625 S.E.2d 500
  • 277 Ga. App. 84
  • 2006 Fulton County D. Rep. 79
  • 2005 Ga. App. LEXIS 1397

How courts have described this case

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

  • noting that in 1996, OCGA § 17-3-1 was amended to provide “that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime”
  • motion for directed verdict on the ground that the statute of limitation barred the prosecution was not bound by the time limit of OCGA § 17-7-110
  • if it appears on face of indictment that statute of limitation has run, indictment is fatally defective and subject to demurrer, unless indictment alleges exception removing bar of statute
  • if it appears on face of indictment that statute of limitation has run, indictment is fatally defective and subject to demurrer, unless it alleges exception removing bar of statute
  • indictment is fatally defective if it appears on its face that the statute oflimitation has run unless the indictment also alleges one or more of the exceptions which would remove the bar of the statute
  • If it appears on the face of the indictment that the statute of limitation period has run, the indictment is fatally defective and subject to demurrer, unless it alleges an exception to the running of the limitation period.

Source: CourtListener parenthetical corpus (CC0).

Judges: Phipps, Andrews, Mikell

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

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