Keebler v. Willard, 35136
Decision Date | 21 April 1954 |
Docket Number | No. 35136,No. 2,35136,2 |
Citation | 90 Ga.App. 66,81 S.E.2d 842 |
Parties | KEEBLER v. WILLARD |
Court | Georgia Court of Appeals |
William A. Thomas, Ralph C. Brown, Atlanta, for plaintiff in error.
Beck, Goodrich & Beck, Griffin, for defendant in error.
Syllabus Opinion by the Court.
Where, in a civil case, it appears that during the selection of the twelve jurors to try the case from the two panels of twenty-four men, as each of the jurors stood when his name was called, the trial court required counsel, after counsel had propounded various questions to each juror as each juror stood, to accept or reject the juror before he sat down, and counsel for the plaintiff made the following motion at the time: 'I move that counsel be permitted to finish both panels, asking any questions by way of examination of them before we are forced or required to select our jury, because if we have to select them while they are standing, we are thereby forced to select them without knowing what selection we would make if we had an opportunity of examining the whole twenty-four before selecting any of them,' which motion was overruled by the trial court--such action on the part of the trial court denied the plaintiff a substantial right given him by statute and rendered all further proceedings in the case nugatory.
By the terms of the act of 1951, Ga.L.1951, pp. 214-215, Code Ann.Supp. § 59-705, it is provided: ...
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State v. Hutter
...in civil cases to examine the individual jurors making up the two panels before interposing their challenges." Keebler v. Willard, 90 Ga.App. 66, 67, 81 S.E.2d 842 (1954). A parallel change of procedure was intended in criminal cases. "Where defendant asserts his right to examine all jurors......
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Jennings v. Autry, 36276
...by either party. This provision of the Code varies the prior procedure on the subject of striking juries in civil cases. Keebler v. Willard, 90 Ga.App. 66, 81 S.E.2d 842. 8. Under an application of the foregoing rules of law to the facts of the instant case, the defendant, by his failure to......