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2018 Georgia Code 15-12-126.1 | Car Wreck Lawyer

TITLE 15 COURTS

Section 12. Juries, 15-12-1 through 15-12-172.

ARTICLE 5 TRIAL JURIES

15-12-126.1. Absence of panels of trial jurors in misdemeanor cases; choosing and summoning make-up panels.

On and after July 1, 2012, when the regular panels of trial jurors cannot be furnished to make up panels of the correct number from which to take juries in misdemeanor cases because of the absence of any of such panels, where jurors, or any part of a panel, are engaged in the consideration of a case, the presiding judge may cause the panels to be filled by summoning such numbers of persons who are competent jurors as may be necessary to fill the panels. Such panels shall be used as the regular panels are used. The clerk shall choose and cause to be summoned additional prospective trial jurors.

(Code 1981, §15-12-126.1, enacted by Ga. L. 2011, p. 59, § 1-45/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 the verdict.

- If the 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 a 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).

RESEARCH REFERENCES

C.J.S.

- 50A C.J.S., Juries, § 328 et seq.

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