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154 Ga. App. 527

268 S.E.2d 790

White v. State

Court of Appeals of Georgia

Decided May 5, 1980

Court of Appeals of Georgia · decided 1980-05-05

Relies on 134 Ga. App. 825 - Sanders v. State · Holton v. State · Clemon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-05-05

How this case has been cited

Cited by 4 later decisions — most recently June 2003

4 state decisions

20198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sognier, Judge.

¶1 White was convicted in the Superior Court of Gwinnett County of attempted theft by taking.

¶2 1. Appellant contends the trial court erred by allowing the state, over objection, to reopen voir dire examination and exercise a peremptory challenge after a jury had been selected. Code Ann. § 59-809 provides, in pertinent part: "When a juror shall have been found competent.. .no other or further investigation before triors... shall be had, except upon newly-discovered evidence to disprove his answer or to show him incompetent... which may be heard by the judge at any time before any of the evidence on the main issue shall be submitted; and if the juror shall be proved incompetent, the judge may order him withdrawn from the jury and cause another juror to be selected...” (Emphasis supplied.) The language of this statute is clear and unambiguous, and the factual situation in this case falls squarely within the situation envisaged by the statute. The prosecuting attorney discovered, after the jury was selected but before it was sworn, that a juror who had not answered when the prospective jurors were asked if any of them knew the defense counsel or had been represented by him did, in fact, know the defense counsel, who had represented the juror’s son in a criminal case. The prosecuting attorney immediately brought these facts to the judge’s attention. A hearing was held and the juror acknowledged that she knew the defense counsel. The trial court then allowed the state a peremptory challenge against the juror and *528 a new juror was selected. It is clear that such a procedure is authorized. Holton v. State, 137 Ga. 86 (1) (72 SE 949) (1911); Evans v. State, 37 Ga. App. 156 (139 SE 156) (1927). Accord, Clemon v. State, 218 Ga. 755, 759 (5) (130 SE2d 745) (1963).

Submitted February 6, 1980 Decided May 5, 1980. James C. Carr, Jr., for appellant. Bryant Huff, District Attorney, Johnny R. Moore, Assistant District Attorney, for appellee.

¶3 2. The errors alleged in enumerations of error 2 and 3 were not raised at trial. It is well settled that this court will not consider questions raised for the first time on appeal. Sanders v. State, 134 Ga. App. 825 (216 SE2d 371) (1975).

¶4 Judgment affirmed.

Deen, C. J., and Birdsong, J., concur.
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