O.C.G.A.
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.
Admissions and communications among grand jurors are excluded as evidence on grounds of public policy.
History
(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.)
Annotations
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 ALR4th 298.
Notes of Decisions
Cited in
5
cases, 1987–2008 · leading case:
Kennedy v. State, 421 S.E.2d 560 (Ga. Ct. App. 1992).
Kennedy v. State, 421 S.E.2d 560 (Ga. Ct. App. 1992).
· cites it 6× “Kennedy contends the trial court committed reversible error by denying his oral motion in limine and allowing the State to present the testimony of a woman who served on the first grand jury that indicted Kennedy in September 1990, without showing a necessity therefor in…”
In Re Gwinnett Cnty. Grand Jury, 668 S.E.2d 682 (Ga. 2008).
· cites it 2× “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.”
In Re Floyd Cnty. Grand Jury Presentments, 484 S.E.2d 769 (Ga. Ct. App. 1997).
· cites it 2× “The first enumeration of error is that the trial court failed to expunge the entirety of that portion of the Floyd County Grand Jury Presentment for the May Term which related to the “Attorney General’s Investigation” in that the remaining portion of the report concerned the…”
Womble v. State, 360 S.E.2d 271 (Ga. Ct. App. 1987).
· cites it 2× “First, OCGA § 15-12-73 provides: “Admissions and communications among grand jurors are excluded as evidence on grounds of public policy.”
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.