A McIntosh County jury found Phillip Moran, Jr. guilty beyond a reasonable doubt of aggravated assault, OCGA § 16-5-21 a 2 with an object that when used offensively against a person is likely to result in serious bodily injury; terroristic threats, OCGA § 16-11-37 a; and battery, OCGA § 16-5-23.1. Following the denial of his motion for a new trial, Moran appeals, contending that the trial court abused its discretion in denying his motion for a new trial after he adduced evidence that a juror was disqualified from serving because she is related to the victim. Moran also challenges the sufficiency of the evidence that he committed aggravated assault and terroristic threats. Finding no error, we affirm. 1. Moran contends that the trial court misconstrued the law applicable to the disqualification of jurors, and, a result, abused its discretion in denying his motion for a new trial. Specifically, Moran contends that the trial court erred in requiring that he show that he had been prejudiced by the familial relationship between Mary Lee Bryant, who served as a juror at the trial, and the victim.
a OCGA § 15-12-135 a provides, in pertinent part, “all trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth degree as computed according to the civil law.”1 The victim in a criminal case is such an interested party. Kirkland v. State , 274 Ga. 778, 780 2 560 SE2d 6 2002 a person who is related within the sixth degree to the victim of a criminal offense is legally disqualified from serving as a juror at the trial of the defendant; Dunbar v. State , 273 Ga. App. 29, 31-32 1 614 SE2d 472 2005 accord; OCGA § 15-12-163 b 4 the State or the accused may object to a juror on the basis “that the juror is so near of kin to . . . the victim as to disqualify the juror by law from serving on the jury”. The undisputed evidence established that juror Bryant and the victim are related by consanguinity within the sixth degree as computed according to the civil law.2 Dunbar v. State , 273 Ga. App. at 31-32 1 b; Cheeks v. State, 234 Ga. App. 446, 449 3 507 SE2d 204 1998. Consequently, she was disqualified from serving in the matter. Kirkland v. State , 274 Ga. at 780 2; Dunbar v. State , 273 Ga. App. at 31-32 1 b.
