Green v. State
292 Ga. 451
| Ga. | 2013Background
- Green was indicted in Tift County for malice murder, felony murder, aggravated assault, and other felonies on April 16, 2011.
- The grand jury returned the indictment in open court on May 17, 2011.
- The clerk entered March 17, 2011 as the indictment's return date in the record and docket.
- The clerk testified she misrecorded the return date and corrected it to May 17, 2011 after realizing the error.
- The clerk noted the grand jury did not meet on March 17, and the indictment lists “March Term 2011/May Meeting.”
- Green moved to special demurrer, arguing the indictment was void for the improper return date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clerical error in return date is material. | Green argues the erroneous return date voids the indictment. | Beckstrom/State contends the error is immaterial and curable. | Yes; error is immaterial and curable; demurrer overruled. |
| Whether correction of the return date preserves indictment validity. | Green asserts post hoc correction cannot fix fatal defect. | State contends correction on record cures irregularity and informs charges. | Corrected return date cures the defect; indictment valid. |
Key Cases Cited
- State v. Eubanks, 239 Ga. 483 (Ga. 1977) (indictment purpose to inform and protect against further prosecutions)
- Bramblett v. State, 239 Ga. 336 (Ga. 1977) (special demurrer allows correction of immaterial defects)
- Wagner v. State, 282 Ga. 149 (Ga. 2007) (immaterial defects may be struck or corrected)
- Newham v. State, 35 Ga. App. 391 (Ga. App. 1926) (clerical error correction upheld in abatement context)
- Chelsey v. State, 121 Ga. 340 (Ga. 1904) (bailiff and clerk testimony cured irregularity)
- Minhinnett v. State, 106 Ga. 141 (Ga. 1898) (conviction illegal when time shows offense after presentment)