BOLES v. STATE

40632.

252 Ga. 1 (1984)

312 S.E.2d 299

BOLES v. THE STATE.

Supreme Court of Georgia.

Ordered January 6, 1984.


Attorney(s) appearing for the Case

William O. Cox, Calhoun, Hubbard, Riddle & Cox, for appellant.

Spencer Lawton, Jr., District Attorney, for appellee.


All the Justices concur, except Hill, C.J., Smith and Bell, JJ., who dissent.

SMITH, Justice, dissenting.

I dissent from the court's denial of the application for certiorari for three reasons. First, the allegations of juror misconduct in this case are serious charges which warrant our review. Second, in my view appellate courts are too often prone to excuse juror misconduct based on the time-honored adage that "a juror cannot be heard to impeach his...

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