Mere Presence Okay, this one does not really have a statute that goes with it but this is an issue that comes up frequently in criminal cases in Georgia. It is implicated every time a defendant says “but I was just there” and this warrants closer examination. “Mere presence” deals with a person’s participation in or relation to a crime. In order to be convicted of (most) crimes, you have to have intended to commit it. O.C.G.A. § 16-2-6. It is not enough for the State to prove that you were there when a crime was committed. See, for...
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