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State v. Dorsey10/9/2001
offense," a "charge," or an "allegation" in the disjunctive. While the allegations in each indictment varied, all referred to the same offense of homicide by vehicle through violation of OCGA § 40-6-391, as defined by the precise language of OCGA § 40-6-393 (a). The State also argues that the indictments are not "the same offense, charge, or allegation" because of the defective language in the first two indictments, relying on the law demanding precision in an indictment. This argument is without merit; whether the prior indictments were sufficient to withstand demurrer is irrelevant to the application of OCGA § 17-7-53.1. Moreover, if either of the earlier indictments had been precise in its language, no motion to quash would have been necessary or granted, and the statutory bar to prosecution would not have been at issue in this case.
Judgment affirmed.
Barnes and Phipps, JJ., concur.
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