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2018 Georgia Code 15-12-72 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 4 GRAND JURIES

15-12-72. Disclosures of grand jurors in court.

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

(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.)

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.

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