jury is reversible error in Georgia

2021In other words, [when] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (citations & punctuation omitted)); Adams v. State, 286 Ga. 496, 497 (2) ( 690 SE2d 171 ) (2010) (“The oath provided in OCGA § 15-12-139 is mandatory and a trial court’s total failure to give the oath to the jury is reversible error.”); Spencer v. State, 281 Ga. 533, 533 ( 640 SE2d 267 ) (2007) (“This Court has made plain that the petit jury oath provided in OCGA § 15-12-139 is mandatory; consequently, the failure to administer this

2021In other words, [when] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (citations & punctuation omitted)); Adams v. State, 286 Ga. 496, 497 (2) ( 690 SE2d 171 ) (2010) (“The oath provided in OCGA § 15-12-139 is mandatory and a trial court’s total failure to give the oath to the jury is reversible error.”); Spencer v. State, 281 Ga. 533, 533 ( 640 SE2d 267 ) (2007) (“This Court has made plain that the petit jury oath provided in OCGA § 15-12-139 is mandatory; consequently, the failure to administer this

2021In other words, [when] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (citations & punctuation omitted)); Adams v. State, 286 Ga. 496, 497 (2) ( 690 SE2d 171 ) (2010) (“The oath provided in OCGA § 15-12-139 is mandatory and a trial court’s total failure to give the oath to the jury is reversible error.”); Spencer v. State, 281 Ga. 533, 533 ( 640 SE2d 267 ) (2007) (“This Court has made plain that the petit jury oath provided in OCGA § 15-12-139 is mandatory; consequently, the failure to administer this

2021In other words, [when] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (citations & punctuation omitted)); Adams v. State, 286 Ga. 496, 497 (2) ( 690 SE2d 171 ) (2010) (“The oath provided in OCGA § 15-12-139 is mandatory and a trial court’s total failure to give the oath to the jury is reversible error.”); Spencer v. State, 281 Ga. 533, 533 ( 640 SE2d 267 ) (2007) (“This Court has made plain that the petit jury oath provided in OCGA § 15-12-139 is mandatory; consequently, the failure to administer this

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021In other words, [when] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (citations & punctuation omitted)); Adams v. State, 286 Ga. 496, 497 (2) ( 690 SE2d 171 ) (2010) (“The oath provided in OCGA § 15-12-139 is mandatory and a trial court’s total failure to give the oath to the jury is reversible error.”); Spencer v. State, 281 Ga. 533, 533 ( 640 SE2d 267 ) (2007) (“This Court has made plain that the petit jury oath provided in OCGA § 15-12-139 is mandatory; consequently, the failure to administer this

2021In other words, [when] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (citations & punctuation omitted)); Adams v. State, 286 Ga. 496, 497 (2) ( 690 SE2d 171 ) (2010) (“The oath provided in OCGA § 15-12-139 is mandatory and a trial court’s total failure to give the oath to the jury is reversible error.”); Spencer v. State, 281 Ga. 533, 533 ( 640 SE2d 267 ) (2007) (“This Court has made plain that the petit jury oath provided in OCGA § 15-12-139 is mandatory; consequently, the failure to administer this

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2023See Stewart v. State, 311 Ga. 471, 476 (1) (b) (858 SE2d 456) (2021) (Although the jury instructions at issue, in particular the verdict form, deviated from the pattern instructions, the instructions were not erroneous in view of the unequivocally clear words of a statute or court rule or in view of controlling precedent.

2023See Stewart v. State, 311 Ga. 471, 476 (1) (b) (858 SE2d 456) (2021) (Although the jury instructions at issue, in particular the verdict form, deviated from the pattern instructions, the instructions were not erroneous in view of the unequivocally clear words of a statute or court rule or in view of controlling precedent.

2021REV. 1437, 1454 (2007) (noting that “[v]ertical stare decisis refers to the binding effect of 6 trial court to swear the petit jury—as the State concedes occurred in this case—requires retrial.12 And this cannot be waived by the defendant’s failure to object at trial.13 Indeed, both this Court and the Supreme Court have previously precedent on lower courts,” and that “[s]erious rule of law costs would follow if lower courts were free to ignore precedent established by a higher court of appeal”). 12 See Hill v. State, 291 Ga. 160, 161 (2) ( 728 SE2d 225 ) (2012) (“The oath provided in OCGA § 15

2021REV. 1437, 1454 (2007) (noting that “[v]ertical stare decisis refers to the binding effect of 6 trial court to swear the petit jury—as the State concedes occurred in this case—requires retrial.12 And this cannot be waived by the defendant’s failure to object at trial.13 Indeed, both this Court and the Supreme Court have previously precedent on lower courts,” and that “[s]erious rule of law costs would follow if lower courts were free to ignore precedent established by a higher court of appeal”). 12 See Hill v. State, 291 Ga. 160, 161 (2) ( 728 SE2d 225 ) (2012) (“The oath provided in OCGA § 15

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

2021It follows that [the defendant’s] motion to set aside his conviction should have been granted and the case must be remanded for retrial.” (footnote omitted)); see also Benton v. State, 286 Ga. App. 736, 736 ( 649 SE2d 793 ) (2007) (“[When] it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside and the case must be remanded for retrial.” (punctuation omitted)); Culpepper v. State, 132 Ga. App. 733, 733 (2) ( 209 SE2d 18 ) (1974) (“The failure to swear the jury to try the particular case . . . constitutes reversible error.”). 13 See Phillips v. State, 275

1984He argues that mistake of fact was his sole defense and under the ruling in Harris v. State, 145 Ga. App. 675, 676 ( 244 SE2d 620 ) (1978), the omission to submit the sole controlling issue to the jury is reversible error, whether or not a specific request for a charge on that issue has been made.

1984He argues that mistake of fact was his sole defense and under the ruling in Harris v. State, 145 Ga. App. 675, 676 ( 244 SE2d 620 ) (1978), the omission to submit the sole controlling issue to the jury is reversible error, whether or not a specific request for a charge on that issue has been made.

1957Atlanta Coach Co. v. Cobb, 178 Ga. 544 ( 174 S. E. 131 ); Tatum v. Crosswell, 178 Ga. 679 ( 174 S. E. 140 ); Coleman v. Newsome, 179 Ga. 47 ( 174 S. E. 923 ).” McRee v. Atlanta Paper Co., 84 Ga. App. 181, 183 ( 65 S. E. 2d 832 ).

1957Atlanta Coach Co. v. Cobb, 178 Ga. 544 ( 174 S. E. 131 ); Tatum v. Crosswell, 178 Ga. 679 ( 174 S. E. 140 ); Coleman v. Newsome, 179 Ga. 47 ( 174 S. E. 923 ).” McRee v. Atlanta Paper Co., 84 Ga. App. 181, 183 ( 65 S. E. 2d 832 ).