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O.C.G.A. § 15-12-136 — Competency of county residents when county is interested in case | Georgia Code
O.C.G.A. § 15-12-136 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

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

ARTICLE 5 TRIAL JURIES

15-12-136. Competency of county residents when county is interested in case.

All inhabitants of a county who are competent jurors in other cases shall be competent jurors in any case in which the county is a party or is interested in its capacity as a corporation or a quasi-corporation.

(Orig. Code 1863, § 463; Code 1868, § 525; Code 1873, § 491; Code 1882, § 491; Penal Code 1895, § 876; Penal Code 1910, § 881; Code 1933, § 59-714.)

JUDICIAL DECISIONS

Status as inhabitant, citizen, resident, homeowner, or taxpayer.

- Juror not rendered incompetent by status as inhabitant, citizen, resident, homeowner, and/or taxpayer of county when that county is party to action. Hickox v. State, 138 Ga. App. 882, 227 S.E.2d 829 (1976).

Members of electric membership corporation.

- It does not follow that a similar exception, like that provided by O.C.G.A. §§ 15-12-136 and15-12-137 to the rule precluding service by jurors with a stake in the outcome of a case, exists for members of electric membership corporations. Indeed, the absence of a similar statute applicable to electric membership corporations' members would appear to be authority for a conclusion that no such exception exists. Thompson v. Sawnee Elec. Membership Corp., 157 Ga. App. 561, 278 S.E.2d 143 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 275.

C.J.S.

- 50A C.J.S., Juries, §§ 266, 267.

ALR.

- Disqualification, as jurors, of residents or taxpayers of litigating political subdivision, in absence of specific controlling statute, 81 A.L.R.2d 708.

Similarity of occupation between proposed juror and alleged victim of crime as affecting juror's competency, 71 A.L.R.3d 974.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.