2021 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.
C.J.S.- 50A C.J.S., Juries, § 114.
ALR.
- 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.
