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2018 Georgia Code 15-12-73 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 4 GRAND JURIES

15-12-73. Exclusion of admissions and communications among grand jurors.

Admissions and communications among grand jurors are excluded as evidence on grounds of public policy.

(Orig. Code 1863, § 3720; Code 1868, § 3744; Code 1873, § 3797; Code 1882, § 3797; Penal Code 1895, § 826; Penal Code 1910, § 830; Code 1933, § 59-303.)

JUDICIAL DECISIONS

Disclosure when necessary in court.

- 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 the grand jury, 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).

RESEARCH REFERENCES

ALR.

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

Cases Citing O.C.G.A. § 15-12-73

Total Results: 2  |  Sort by: Relevance  |  Newest First

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In Re Gwinnett Cnty. Grand Jury, 668 S.E.2d 682 (Ga. 2008).

Cited 10 times | Published | Supreme Court of Georgia | Oct 27, 2008 | 284 Ga. 510, 2008 Fulton County D. Rep. 3344

...ngs is required to take an oath to keep secret all things and matters learned while in attendance upon the grand jury. OCGA § 15-12-83(b). As a matter of public policy, admissions and communications among grand jurors are excluded as evidence (OCGA § 15-12-73) and the stenographer "shall be incompetent to testify" concerning any matter learned while in attendance upon the grand jury....
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Decatur Cnty. v. Bainbridge Post Searchlight, Inc., 632 S.E.2d 113 (Ga. 2006).

Cited 3 times | Published | Supreme Court of Georgia | Jul 6, 2006 | 280 Ga. 706, 2006 Fulton County D. Rep. 2191, 34 Media L. Rep. (BNA) 2468

...Rather, the statute makes a specific provision for the publication of presentments done at the behest and under the approval of a judge. See OCGA § 15-12-80. The rationale for judicial oversight to proceed publication is understandable: Since the grand jury proceedings are secret, OCGA § 15-12-73, it is possible that a grand jury as a group of laypersons can exceed the scope of their authority and, because of their membership, become involved in politics and in local feuds....