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Grant v. State

The trial court should have granted the defendant's motion for a new trial since the jury in his criminal case was never sworn in.

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We reverse the judgment of the Court of Appeals in Grant v. State, 237 Ga. App. 892 515 SE2d 872 1999, because the record conclusively shows, and the State concedes, that the jury oath which is mandated by OCGA § 15-12-139 was never administered in this case. It follows that Grant’s motion to set aside his conviction should have been granted and the case must be remanded for retrial. See Slaughter v. State, 100 Ga. 323 28 SE 159 1897.

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