O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-12-72 (2019)

Disclosures of grand jurors in court

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Grand jurors shall disclose everything which occurs in their service whenever it becomes necessary in any court of record in this state.

History

(Laws 1812, Cobb's 1851 Digest, p. 277; Code 1863, § 3722; Code 1868, § 3746; Code 1873, § 3799; Code 1882, § 3799; Civil Code 1895, § 5200; Penal Code 1895, § 827; Civil Code 1910, § 5787; Penal Code 1910, § 831; Code 1933, § 59-302.)

Annotations

JUDICIAL DECISIONS

Disclosure must be necessary. - Although O.C.G.A. § 15-12-72 apparently makes an exception to O.C.G.A. § 15-12-73 by providing that grand jurors shall disclose everything which occurs in their service whenever it becomes necessary in any court of record in Georgia since the trial court apparently did not find such disclosure was necessary to resolve the issue before it, the trial court did not err by sustaining the state's objection to questions as to what transpired while the grand jury was in session. Womble v. State, 183 Ga. App. 727, 360 S.E.2d 271 (1987).

Grand jurors not incompetent as witnesses when duly called. Fite v. Bennett, 142 Ga. 660, 83 S.E. 515 (1914).

Grand jurors cannot be sworn to impeach their own finding. Simms v. State, 60 Ga. 145 (1878).

Grand jurors cannot be sworn and examined as witnesses to impeach their findings. Womble v. State, 183 Ga. App. 727, 360 S.E.2d 271 (1987).

Minutes of proceedings. - Law does not require grand jury to keep minutes of the grand jury's proceedings. Thompson v. State, 18 Ga. App. 488, 89 S.E. 607 (1916).

Cited in Wood v. Georgia, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962); Kennedy v. State, 205 Ga. App. 152, 421 S.E.2d 560 (1992).

RESEARCH REFERENCES

Am. Jur. 2d. - 38 Am. Jur. 2d, Grand Jury, § 56.

C.J.S. - 38A C.J.S., Grand Juries, § 206 et seq.

ALR. - Duty of secrecy on part of members of, or witnesses or other persons present before, grand jury, 127 A.L.R. 272.

Accused's right to inspection of minutes of state grand jury, 20 A.L.R.3d 7.

Discovery, in civil proceeding, of records of criminal investigation by state grand jury, 69 A.L.R.4th 298.

Notes of Decisions
Cited in 2 cases, 1987–1992 · leading case: Kennedy v. State, 421 S.E.2d 560 (Ga. Ct. App. 1992).
Sort: Relevance Newest Treatment
Kennedy v. State, 421 S.E.2d 560 (Ga. Ct. App. 1992). · cites it 2× “727 (3) ( 360 SE2d 271 ) (1987), this court noted that OCGA § 15-12-72 “apparently makes an exception to [OCGA § 15-12-73] by providing that grand jurors shall disclose everything which occurs in their service whenever it becomes necessary in any court of record in Georgia.”
Womble v. State, 360 S.E.2d 271 (Ga. Ct. App. 1987). · cites it 2× “” Although OCGA § 15-12-72 apparently makes an exception to that provision by providing that grand jurors shall disclose everything which occurs in their service whenever it becomes necessary in any court of record in Georgia, the court here apparently did not find such…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.