HARVEY v. STATE

48023.

128 Ga. App. 844 (1973)

198 S.E.2d 323

HARVEY v. THE STATE.

Court of Appeals of Georgia.

Decided April 19, 1973.


Attorney(s) appearing for the Case

Wright & Faircloth, George P. Wright, for appellant.

D. E. Turk, District Attorney, for appellee.


PANNELL, Judge.

1. The provisions of Code § 59-805 that "[e]very person indicted for a crime or offense which may subject him to ... imprisonment in the penitentiary for not less than four years may peremptorily challenge 20 of the jurors impaneled to try him" do not apply to a case where the defendant is indicted in more than one count, and where none of the counts charge him with an offense punishable by four years or more imprisonment in the penitentiary....

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