McFOLLEY v. STATE

51427.

136 Ga. App. 822 (1975)

222 S.E.2d 633

McFOLLEY v. THE STATE.

Court of Appeals of Georgia.

Decided November 18, 1975.

Rehearing Denied December 2, 1975.


Attorney(s) appearing for the Case

Martin, Kilpatrick & Davidson, Frank K. Martin, for appellant.

E. Mullins Whisnant, District Attorney, William J. Smith, Lovick P. Anthony, Assistant District Attorneys, for appellee.


BELL, Chief Judge.

Defendant was convicted of burglary. On appeal he claims that it was error to deny his motion for mistrial and his motion for continuance in order to strike another jury. The basis for the motions is that the state by use of its peremptory strikes eliminated all potential black jurors. Held:

No error of law has been shown. A defendant is not guaranteed by the Constitution to have members of his own race on his jury. Jackson v....

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