Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WALLACE v. THE STATE.

BIRDSONG, Judge.

This appeal is from appellant's convictions on two counts of armed robbery and one count of aggravated assault. Appellant's sole enumeration of error is that the trial court erred in denying him the right to voir dire each prospective juror individually prior to interposing any challenge. Appellant made a written, pre-trial motion for individual voir dire, which was granted by written order prior to trial. However, the trial transcript reflects that another judge presiding at trial overruled the motion for individual voir dire, thus, refusing the appellant the right to individual voir dire permitted by Code Ann. § 59-705. The state does not dispute the fact that appellant was denied this right, but instead argues that the convictions should not be reversed absent some specific showing of prejudice to appellant.

We find no support for the state's position. "Inasmuch as the failure to allow individual examination of jurors prior to any challenge constitutes reversible error, the judgment[s] of conviction must be reversed." (Emphasis supplied.) Thomas v. State, 247 Ga. 7, 8 ( 273 S.E.2d 396).

Judgments reversed. McMurray, P. J., and Banke, J., concur.

DECIDED DECEMBER 3, 1982.
Use AI to get other relevant cases.

Comments

WALLACE v. STATE
(Dec 3, 1982)