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154 Ga. App. 650

269 S.E.2d 512

Edmonds v. State

Court of Appeals of Georgia

Decided May 16, 1980

Court of Appeals of Georgia · decided 1980-05-16

Key passage — most relied on by later courts

“`Under (OCGA §§ 15-11-5 and 15-11-2), the juvenile court has jurisdiction if the accused is under the age of seventeen at the time the offense is committed.' Edmonds v. State, 154 Ga.App. 650 , 269 S.E.2d 512 (1980).”

quoted by 2 later decisions, including 242 Ga. App. 243 - In Re JTD, In Re Aps

“one became of full age on the day preceding the twenty-first anniversary of his birth, on the first moment of that day.”

quoted by 1 later decision, including In Re Aps

Relies on Thomas v. Couch

Good law ✅— No negative treatment on recordhow we know

Decided 1980-05-16

How this case has been cited

Cited by 14 later decisions — most recently June 2010

14 state decisions

401980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Deen, Chief Judge.

¶1 Appellant Edmonds appeals from his conviction of burglary contending that the trial court erred in overruling and denying his motion to quash the indictment and in its finding at trial that he was seventeen years of age at the time he committed the burglary and that the superior court rather than the juvenile court had jurisdiction over the case. Held:

¶2 Appellant’s testimony established the time of the burglary as occurring between 12:00 a.m. and 1:00 a.m. on July 18,1979. A copy of his birth certificate appears in the record and shows that he was born at 1:10 a.m. on July 18, 1962.

¶3 Under Code Ann. §§ 24A-301 (a) (1) (A), 24A-401 (c) (1) and 24A-401 (e) (1), the juvenile court has jurisdiction if the accused is under the age of seventeen at the time the offense is committed. The code, however, is silent as to how age is computed. At common law, *651 "[o]ne [became] of full age on the day preceding the twenty-first anniversary of his birth, on the first moment of that day.” Thomas v. Couch, 171 Ga. 602 (156 SE 206) (1960). 42 AmJur2d 13, Infants, § 6 (1969). Accordingly, we find that appellant became seventeen for purposes of jurisdiction at the first moment of July 17, 1979.

Submitted April 7, 1980 Decided May 16, 1980. Larkin M. Fowler, Jr., for appellant. H. Lamar Cole, District Attorney, for appellee.

¶4 Judgment affirmed.

Birdsong and Sognier, JJ., concur.
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