2020 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 2 - Juries in Felony Cases
§ 15-12-172. Replacement of Incapacitated Jurors; Effect of Replacement

If at any time, whether before or after final submission of the case to the jury, a juror dies, becomes ill, upon other good cause shown to the court is found to be unable to perform his duty, or is discharged for other legal cause, the first alternate juror shall take the place of the first juror becoming incapacitated. Further replacements shall be made in similar numerical sequence provided the alternate jurors have not been discharged. An alternate juror taking the place of any incapacitated juror shall thereafter be deemed to be a member of the jury of 12 and shall have full power to take part in the deliberations of the jury and the finding of the verdict. Any verdict found by any jury having thereon alternate jurors shall have the same force, effect, and validity as if found by the original jury of 12.

(Ga. L. 1957, p. 466, § 5; Ga. L. 1968, p. 1225, § 5.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 129.

- 50A C.J.S., Juries, § 114.

- Substitution of juror after completion of panel as sustaining plea of former jeopardy, 33 A.L.R. 142.

Misconduct of juror which will authorize or require withdrawal of juror, 86 A.L.R. 928.

Plea of former jeopardy where jury is discharged because of illness or insanity of juror, 125 A.L.R. 694.

Constitutionality and construction of statute or court rule relating to alternate or additional jurors or substitution of jurors during trial, 84 A.L.R.2d 1288; 15 A.L.R.4th 1127; 88 A.L.R.4th 711; 10 A.L.R. Fed. 185; 115 A.L.R. Fed. 381; 119 A.L.R. Fed. 589.

Inattention of juror from sleepiness or other cause as ground for reversal or new trial, 88 A.L.R.2d 1275, 59 A.L.R.5th 1.

Substitution, under Rule 24c of Federal Rules of Criminal Procedure, of alternate juror for regular juror before jury retires to consider verdict in federal criminal case, 115 A.L.R. Fed. 381.

• 15-13-1. Officers of court liability.
• 15-13-2. Liability of sheriffs to damage action or contempt.
• 15-13-3. Demand for money collected; interest from date of demand; verified copy as evidence.
• 15-13-4. Rule nisi; service.
• 15-13-5. Verified answer; jury trial; disposition.
• 15-13-6. When rule absolute granted without notice.
• 15-13-7. Liability of magistrates and constables to rule nisi.
• 15-13-8. Retired officers subject to court order.
• 15-13-9. Deputy sheriff's liability; effect on sheriff.
• 15-13-10. Appointment of special officer to execute rule or order against sheriff or deputy.
• 15-13-11. Rule absolute as lien on officer's property.
• 15-13-12. Date of lien against officer's property.
• 15-13-13. When officer may pay money over to plaintiff; claims; distribution by court; effect on notified parties.
• 15-13-14. Punishment for improper return or failure to pay over money received.

• 15-13-30. Fees not generally charged to state; exceptions.
• 15-13-31. Receipt for fees to be given; penalty.
• 15-13-32. Penalty for excessive fees.
• 15-13-33. Table of fees to be kept.
• 15-13-34. Treble costs against plaintiffs.
• 15-13-35. Demanding excessive costs; penalty.
• 15-13-36. Restrictions on charging prosecuting attorneys fees for certified copies of records.

Cited in In re Irvin, 171 Ga. App. 794, 321 S.E.2d 119 (1984).