2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 8 - Trial
Article 1 - General Provisions
§ 17-8-4. Procedure for Trial of Jointly Indicted Defendants; Right of Defendants to Testify for or Against One Another; Order of Separate Trials; Acquittal or Conviction Where Offense Requires Joint Action or Concurrence; Number of Strikes Allowed Defendants

1. When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testify for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others not tried.
2. When two or more defendants are tried jointly for a crime or offense, such defendants shall be entitled to the same number of strikes as a single defendant if tried separately. The strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of the defendants, shall allow an equal number of additional strikes to the defendants, not to exceed five each, as the court shall deem necessary, to the ends that justice may prevail. The court may allow the state additional strikes not to exceed the number of additional strikes as are allowed to the defendants.

(Laws 1836, Cobb's Digest, p. 841; Ga. L. 1855-56, p. 266, § 1; Ga. L. 1858, p. 99, § 1; Code 1863, § 4574; Code 1868, § 4595; Code 1873, § 4692; Ga. L. 1878-79, p. 59, § 1; Code 1882, § 4692; Penal Code 1895, § 969; Penal Code 1910, § 995; Code 1933, § 27-2101; Ga. L. 1971, p. 891, § 1; Ga. L. 1972, p. 618, § 1; Ga. L. 2005, p. 20, § 9/HB 170.)

- Corresponding provision relating to civil procedure, § 9-10-5.

Number of peremptory challenges, § 15-12-165.

- Ga. L. 2005, p. 20, § 1/HB 170, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Criminal Justice Act of 2005.'"

Ga. L. 2005, p. 20, § 17/HB 170, not codified by the General Assembly, provides that the 2005 amendment applies to all trials which commence on or after July 1, 2005.

- Joinder of offenses and of defendants, Federal Rules of Criminal Procedure, Rule 8.

ANALYSIS

• General Consideration
• Separate Trials
• Prejudice
• Application
• Juror Strikes in Joint Trials

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 157 et seq., 172 et seq.

- 22A C.J.S., Criminal Procedure and Rights of the Accused, § 534 et seq. 50A C.J.S., Juries, §§ 335 et seq., 427 et seq., 441 et seq., 474 et seq., 515 et seq.

- Right of defendant in a criminal case to cross-examine a codefendant who has taken the stand in his own behalf, 33 A.L.R. 826.

Right to severance where two or more persons are jointly accused, 70 A.L.R. 1171; 104 A.L.R. 1519; 131 A.L.R. 917.

Successful defense by one codefendant, or a finding for "defendants," as inuring to benefit of defaulting defendant, 78 A.L.R. 938.

Consolidated trial upon several indictments or informations against same accused, over his objection, 59 A.L.R.2d 841.

Husband or wife as competent witness for or against co-offender with spouse, 90 A.L.R.2d 648.

Jury: number of peremptory challenges allowed in criminal case, where there are two or more defendants tried together, 21 A.L.R.3d 725.

Inconsistency of criminal verdicts as between two or more defendants tried together, 22 A.L.R.3d 717.

Effect of abolition of capital punishment on procedural rules governing crimes punishable by death - post-Furman decisions, 71 A.L.R.3d 453.

Antagonistic defenses as ground for separate trials of codefendants in criminal case, 82 A.L.R.3d 245.

Right of defendants in prosecution for criminal conspiracy to separate trials, 82 A.L.R.3d 366.

Acquittal of principal, or his conviction of lesser degree of offense, as affecting prosecution of accessory, or aider and abettor, 9 A.L.R.4th 972.

Propriety of use of multiple juries at joint trial of multiple defendants in state criminal prosecution, 41 A.L.R.4th 1189.

Antagonistic defenses as ground for separate trials of codefendants in state homicide offenses - Factual applications, 16 A.L.R.6th 329.

Antagonistic defenses as ground for separate trials of codefendants in criminal cases - state narcotics offenses, 19 A.L.R.6th 115.

Antagonistic defenses as ground for separate trials of codefendants in state homicide offenses - applicable standard and extent of antagonism required, 24 A.L.R.6th 591.

Desire of accused to testify on just one of multiple charges as basis for severance of trials, 32 A.L.R.6th 385.

Propriety of use of multiple juries at joint trial of multiple defendants in state criminal prosecution, 41 A.L.R.6th 295.

Judicial removal for cause and peremptory strike validity under Batson against jurors based upon viewing police procedural programs, live television trials, reality legal television, or other crime and legal based television programs, 84 A.L.R.6th 229.

Antagonistic defenses as ground for separate trials of codefendants in criminal case - Federal homicide offenses, 7 A.L.R. Fed. 2d 415.

Antagonistic defenses as ground for separate trials of codefendants in criminal case - Federal cocaine offenses, 7 A.L.R. Fed. 2d 491.

Antagonistic defenses as ground for separate trials of codefendants in criminal case - Federal marijuana offenses, 34 A.L.R. Fed. 2d 509.

Propriety of Use of Multiple Juries at Joint Trial of Multiple Defendants in Federal Criminal Prosecution, 40 A.L.R. Fed. 3d Art. 4.

Supreme Court Jurisprudence on Article III Standing, 41 A.L.R. Fed. 3d Art. 5.