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Adams v. State

Absent a showing of prejudice, there is no reversible error, if the trial court gives the petit jury oath after the opening of evidence, but prior to the jury's deliberations.

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Appellant Larry Adams, Sr., appeals his malice murder conviction for the shooting death of his ex-girlfriend.1 1. In a recorded police interview played to the trial jury, appellant admitted that he bought the murder weapon, a .22 caliber rifle, a week prior to the victim’s death, and that, on October 24, 2005, he broke into the victim’s home and shot her when it appeared to him that she was calling her new boyfriend. The medical examiner testified that the victim had at least seven gunshot wounds and that she died of multiple gunshot wounds. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of malice murder, burglary, and possession of a firearm during the commission of a crime. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. The trial court did not read the petit jury oath mandated by OCGA §15-12-1392 until after the State closed its case-in-chief. Appellant made no objection to the timing of the oath at the time, but now contends that the failure to give the oath prior to the opening of evidence constitutes reversible error. We disagree.

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