Summary
In Grant v. State, 272 Ga. 213 (528 S.E.2d 512) (2000), the Supreme Court reversed our decision in Grant v. State, 237 Ga. App. 892 (515 S.E.2d 872) (1999), in which we denied Grant's motion to set aside his conviction based on Grant's failure to show affirmatively by the record that the jury was not sworn. Accordingly, our opinion is vacated, and the judgment of the Supreme Court is made the judgment of this Court.
Summary of this case from Grant v. StateOpinion
S99G1267.
DECIDED: MARCH 13, 2000.
Certiorari to the Court of Appeals of Georgia — 237 Ga. App. 892.
L. Elizabeth Lane, for appellant.
Charles H. Weston, District Attorney, Wayne G. Tillis, Howard Z. Simms, Assistant Distritct Attorneys,, for appellee.
We reverse the judgment of the Court of Appeals in Grant v. State, 237 Ga. App. 892 ( 515 S.E.2d 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 S.E. 159) (1897).
Judgment reversed. All the Justices concur.