Smith v. State

Court of Appeals of Georgia

Smith v. State

176 S.E.2d 284, 122 Ga. App. 98, 1970 Ga. App. LEXIS 791

CourtCourt of Appeals of Georgia

DecidedJune 25, 1970

Docket45378

StatusPublished

Cited by4 cases

This text of 176 S.E.2d 284 (Smith 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

Smith v. State, 176 S.E.2d 284, 122 Ga. App. 98, 1970 Ga. App. LEXIS 791 (Ga. Ct. App. 1970).

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Opinion

Hall, Presiding Judge.

Defendant appeals from convictions for burglary and possessing burglary tools.

1. Defendant contends the trial, conviction and sentence under the second charge are nullities as the jury was neither questioned on voir dire nor sworn to try the defendant for possessing burglary tools. (The oath given to the jury recited that defendant was charged with the offense of burglary). Defendant’s acquiescence to the deviation until after verdict was a waiver of objection. Smith v. State, 63 Ga. 168 (9); Lindsey v. State, 111 Ga. 833 (36 SE 62). Only a totally unsworn jury is a nullity. Slaughter v. State, 100 Ga. 323 (28 SE 159).

2. Under the present law of Georgia, it is not error to submit to the same jury the determination of guilt or innocence and the sentence. Cummings v. State, 226 Ga. 46 (172 SE2d 395); Haney v. State, 226 Ga. 52 (172 SE2d 592).

Judgment affirmed.

Deen and Evans, JJ., concur.

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Hall, Presiding Judge.

Defendant appeals from convictions for burglary and possessing burglary tools.

1. Defendant contends the trial, conviction and sentence under the second charge are nullities as the jury was neither questioned on voir dire nor sworn to try the defendant for possessing burglary tools. (The oath given to the jury recited that defendant was charged with the offense of burglary). Defendant’s acquiescence to the deviation until after verdict was a waiver of objection. Smith v. State, 63 Ga. 168 (9); Lindsey v. State, 111 Ga. 833 (36 SE 62). Only a totally unsworn jury is a nullity. Slaughter v. State, 100 Ga. 323 (28 SE 159).

2. Under the present law of Georgia, it is not error to submit to the same jury the determination of guilt or innocence and the sentence. Cummings v. State, 226 Ga. 46 (172 SE2d 395); Haney v. State, 226 Ga. 52 (172 SE2d 592).

Judgment affirmed.

Deen and Evans, JJ., concur.

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Bluebook (online)

176 S.E.2d 284, 122 Ga. App. 98, 1970 Ga. App. LEXIS 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-gactapp-1970.

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