The jury shall be the judges of the law and the facts in the trial of all criminal cases and shall give a general verdict of “guilty” or “not guilty.” Upon a verdict of “guilty,” the sentence shall be imposed by the judge, unless otherwise provided by law. Verdicts are to have a reasonable intendment, are to receive a reasonable construction, and are not to be avoided unless from necessity.
History. Laws 1833, Cobb’s 1851 Digest, p. 835; Code 1863, §§ 3481, 4532; Code 1868, §§ 3503, 4552; Code 1873, §§ 3561, 4646; Code 1882, §§ 3561, 4646; Penal Code 1895, § 1033; Penal Code 1910, § 1059; Code 1933, § 27-2301; Ga. L. 1974, p. 352, § 1.
Cross references.
Ga. Const. 1983, Art. I, Sec. I, Para. XI.
Trial juries, § 15-12-120 et seq.
U.S. Code.
Verdicts, Federal Rules of Criminal Procedure, Rule 31.
Law reviews.
For comment on Finch v. State, 87 Ga. App. 426 , 74 S.E.2d 121 (1953), granting defendant a new trial where the jury returned inconsistent verdicts, see 17 Ga. B.J. 381 (1955).