McFolley v. State

Court of Appeals of Georgia

McFolley v. State

222 S.E.2d 633, 136 Ga. App. 822, 1975 Ga. App. LEXIS 1497

CourtCourt of Appeals of Georgia

DecidedNovember 18, 1975

Docket51427

StatusPublished

This text of 222 S.E.2d 633 (McFolley v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McFolley v. State, 222 S.E.2d 633, 136 Ga. App. 822, 1975 Ga. App. LEXIS 1497 (Ga. Ct. App. 1975).

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Opinion

Bell, Chief Judge.

Defendant was convicted of burglary. On appeal he claims that it was error to deny his motion for mistrial and his motion for continuance in order to strike another jury. The basis for the motions is that the state by use of its peremptory strikes eliminated all potential black jurors. Held:

No error of law has been shown. A defendant is not guaranteed by the Constitution to have members of his own race on his jury. Jackson v. Hopper, 232 Ga. 419 (207 SE2d 58); Hobbs v. State, 229 Ga. 556 (6) (192 SE2d 903). Eliminating all potential black jurors by peremptory challenge by the state offends no constitutional principle; and the presumption that the prosecutor used the state’s challenges to obtain a fair and impartial jury was not overcome by the mere striking of the black jurors. Jackson v. Hopper, supra.

Judgment affirmed.

Webb and Marshall, JJ., concur.

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Bell, Chief Judge.

Defendant was convicted of burglary. On appeal he claims that it was error to deny his motion for mistrial and his motion for continuance in order to strike another jury. The basis for the motions is that the state by use of its peremptory strikes eliminated all potential black jurors. Held:

No error of law has been shown. A defendant is not guaranteed by the Constitution to have members of his own race on his jury. Jackson v. Hopper, 232 Ga. 419 (207 SE2d 58); Hobbs v. State, 229 Ga. 556 (6) (192 SE2d 903). Eliminating all potential black jurors by peremptory challenge by the state offends no constitutional principle; and the presumption that the prosecutor used the state’s challenges to obtain a fair and impartial jury was not overcome by the mere striking of the black jurors. Jackson v. Hopper, supra.

Judgment affirmed.

Webb and Marshall, JJ., concur.

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222 S.E.2d 633, 136 Ga. App. 822, 1975 Ga. App. LEXIS 1497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfolley-v-state-gactapp-1975.

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