Insufficient Number of Persons to Complete Panel of Trial Jurors

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On and after July 1, 2012, when from challenge or from any other cause there is not a sufficient number of persons in attendance to complete a panel of trial jurors, the clerk shall choose and cause to be summoned additional prospective trial jurors.

(Code 1981, §15-12-124.1, enacted by Ga. L. 2011, p. 59, § 1-42/HB 415.)

Editor's notes.

- Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 59-711 and former O.C.G.A. § 15-12-124 are included in the annotations for this Code section.

Juror having deficiency propter defectum may be rendered specially competent by failure of parties to challenge. Lindsey v. State, 57 Ga. App. 158, 194 S.E. 833 (1938) (decided under former Code 1933, § 59-711).

Error may not be first asserted after verdict.

- If sheriff, without the knowledge and consent of movants, selected as jurors certain persons whose names were not drawn from the jury box as required, such point cannot be successfully raised for the first time after the verdict. Thomasson v. Hudmon, 185 Ga. 753, 196 S.E. 462 (1938) (decided under former Code 1933, § 59-711).

Cited in Gunter v. State, 243 Ga. 651, 256 S.E.2d 341 (1979); Sanders v. State, 151 Ga. App. 590, 260 S.E.2d 504 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 123.

C.J.S.

- 50A C.J.S., Juries, §§ 332, 333.


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