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Arnold v. State

The trial court abused its discretion in removing a jury foreman after he told another juror to "go to hell" on the second day of deliberations.

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A Lowndes County jury found George Arnold guilty of selling cocaine in violation of the Georgia Control Substances Act, OCGA § 16-13-30. Raising several enumerations of error, Arnold appeals from his conviction and the denial of his motion for a new trial. Because the trial court committed prejudicial error by removing a juror solely on the ground that he used offensive language during jury deliberations, we hold that Arnold’s conviction must be reversed and that he is entitled to a new trial. 1. Arnold contends that there was insufficient evidence to support his conviction. Once a jury verdict has been rendered, the defendant “no longer enjoys the presumption of innocence.” Gordian v. State , 261 Ga. App. 75, 76 1 581 SE2d 616 2003. Thus, we review the evidence in the light most favorable to the verdict, and we neither assess the credibility of the witnesses nor weigh the evidence. Green v. State , 244 Ga. App. 565 1 536 SE2d 240 2000.

Viewed in this light, the evidence shows as follows. In July of 2002, agents with the Narcotics Division of the Lowndes County Sheriff’s Office procured the assistance of an informant to make a purchase of cocaine. The agents searched the informant to make sure he had no contraband on his person, wired him with audio and video and provided him with money to make the purchase. The agents instructed the informant to make the drug purchase from a red brick duplex at the corner of Troupe and Rogers Street. The informant then traveled to the duplex where Arnold sold the informant twenty dollars worth of cocaine.

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