Garrison v. State

319 Ga. 711

FINAL COPY S24G0007. GARRISON v. THE STATE. PETERSON, Presiding Justice. Georgia case law makes clear that the State generally must allege and prove that a prosecution is brought within the applicable statute of limitations. Although this requirement is most often satisfied by alleging and proving the date that the crime was committed, sometimes more is required. One line of precedent holds that in prosecutions where the State seeks to toll the applicable limitations period under statutes permitting such tolling in specific factual situations, the State must also allege and prove…