Technical Problems With An Indictment
An indictment is void to the extent that it fails to allege all the essential elements of the crime or crimes charged. See Davis v. State, 272 Ga. 818, 819 (537 S.E.2d 327) (2000); State v. Eubanks, 239 Ga. 483, 486 (238 S.E.2d 38) (1977). Every indictment must charge every essential element of an offense.”Henderson v. Hames S10A0363. In Henderson v. Hames, the habeas corpus petitioner claimed that the indictment was void because it did not charge that Hames consciously disregarded a substantial and unjustifiable risk that his act or omission would cause harm to or endanger the safety of another person. The commission of a crime requires “a joint operation of an act or omission to act [or actus reus] and intention or criminal negligence [or mens rea].” OCGA § 16-2-1 (a). The Supreme Court agreed that this language was required to show the mens rea of the accused.
If you or someone you know has been charged with a serious crime in Georgia, it is important to retain legal counsel as soon as possible so that your attorney can fully develop each and every defense available. If you have criminal law questions, contact Rouse & Co., LLC for immediate assistance. Let us put our expertise to work for you.