For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused and the state shall each have the right to challenge three jurors peremptorily. The accused and the state shall exercise their challenges as provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury.
History. Laws 1836, Cobb’s 1851 Digest, p. 842.; Code 1863, § 4531; Code 1868, § 4550; Ga. L. 1869, p. 139, § 6; Code 1873, § 3934; Code 1882, §§ 3934, 4644; Penal Code 1895, § 857; Penal Code 1910, § 861; Code 1933, § 59-707; Ga. L. 1985, p. 1511, § 6; Ga. L. 1995, p. 1292, § 9; Ga. L. 2005, p. 20, § 4/HB 170; Ga. L. 2011, p. 59, § 1-43/HB 415.
Editor’s notes.
Ga. L. 2005, p. 20, § 1/HB 170, not codified by the General Assembly, provides that: “This act shall be known and may be cited as the ‘Criminal Justice Act of 2005.’ ”
Ga. L. 2005, p. 20, § 17/HB 170, not codified by the General Assembly, provides that the amendment to this Code section shall be applicable to all trials which commence on or after July 1, 2005.
Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Jury Composition Reform Act of 2011.’ ”
Law reviews.
For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 29 (2005).
Structure Georgia Code
§ 15-12-120.1. Choosing of Trial Jurors
§ 15-12-123. Demand of Jury Panels in Civil Actions in the State Courts
§ 15-12-124.1. Insufficient Number of Persons to Complete Panel of Trial Jurors
§ 15-12-125. Demand of Jury Panels for Misdemeanor Trials
§ 15-12-129.1. Prolonged Session of Court of Record; Choosing and Summoning Prospective Jurors
§ 15-12-131. Examination of Jurors in Panels
§ 15-12-132. Oath of Jury on Voir Dire
§ 15-12-133. Right to Individual Examination of Panel; Matters of Inquiry
§ 15-12-135. Disqualification for Relationship to Interested Party
§ 15-12-136. Competency of County Residents When County Is Interested in Case
§ 15-12-137. Competency of Resident of Municipal Corporation Interested in Case
§ 15-12-137.1. Jury Service by Members of Electric Membership Corporation
§ 15-12-138. Oath of Jury Panel
§ 15-12-139. Oath in Criminal Case
§ 15-12-141. Jury Deliberation Rooms; Furnishing Food and Beverages