State cannot change state's mind after acceptance by both sides.

- This section requires that a juror, after acceptance by both the state and the defense, shall be sworn (unless for cause such as sickness) and that the state, after the state discovers the defense accepts a juror, cannot then change the state's mind and excuse the juror. Sakobie v. State, 115 Ga. App. 460, 154 S.E.2d 830 (1967).

Excusing juror for sickness after the juror has been accepted but not sworn is no ground for new trial. Cason v. State, 134 Ga. 786, 68 S.E. 554 (1910).

New trial not required by striking of accepted juror.

- Defendant was not entitled to a new trial since the trial court corrected the clerk's mistaken assertion that the state had used all of the state's peremptory strikes, even though such correction allowed the state to peremptorily strike a juror already accepted by defense counsel. Thompkins v. State, 181 Ga. App. 158, 351 S.E.2d 475 (1986).

There is no error in postponing swearing jurors in chief until full panel of 12 is obtained. Roberts v. State, 65 Ga. 430 (1880).

Impact of failure to record intention to strike juror.

- With regard to defendant's trial and conviction on one count of armed robbery, the trial court did not abuse the court's discretion in allowing the state to strike a juror after the entire panel had been selected as the state mistakenly failed to record the state's intention to strike a juror, and the prosecutor promptly recognized the mistake and informed the trial court, who had the discretion to then allow the state to exercise one of the state's remaining strikes to excuse the juror. Cox v. State, 293 Ga. App. 98, 666 S.E.2d 379 (2008).

Cited in Blankenship v. State, 247 Ga. 590, 280 S.E.2d 623 (1981); Leeks v. State, 188 Ga. App. 625, 373 S.E.2d 777 (1988); Rogers v. State, 282 Ga. 659, 653 S.E.2d 31 (2007).

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 191 et seq.

C.J.S.

- 50A C.J.S., Juries, § 520 et seq.