Stokes v. State, s. A92A1445
| Citation | 206 Ga.App. 781,426 S.E.2d 573 |
| Decision Date | 23 September 1992 |
| Docket Number | A92A1446,Nos. A92A1445,s. A92A1445 |
| Parties | STOKES v. The STATE. COLEMAN v. The STATE. |
| Court | Georgia Court of Appeals |
Fleming, Blanchard & Bonner, John Fleming, Danny L. Durham, Charles R. Sheppard, Augusta, for appellants.
Michael C. Eubanks, Dist. Atty., Richard E. Thomas, Daniel W. Hamilton, Asst. Dist. Attys., for appellee.
Appellants/defendants William Stokes, Jr. and John Ellis Coleman were tried jointly and convicted of selling cocaine. They both appeal from their convictions and sentences and raise the same enumerations of error.
1. Defendants first argue the trial court erred in entering a judgment of conviction against them because the jury panel that heard their cases was not properly sworn. Defendants did not submit any evidence to the trial court that the jury panel was not sworn. They rely on the fact that the record does not reflect whether the jury panel was sworn. The courts of this State have consistently held that the failure of the record to reflect whether the jury is sworn does not constitute reversible error. Smith v. State, 235 Ga. 852(3), 221 S.E.2d 601 (1976); Copeland v. State, 139 Ga.App. 55(2), 227 S.E.2d 850 (1976).
2. Defendants also argue the trial court erred by admitting into evidence over their objections a bag containing the contraband in question to which tags were attached bearing their names. This enumeration of error is controlled adversely to defendants by our recent decisions in Morgan v. State, 204 Ga.App. 178(1), 419 S.E.2d 313 (1992) and Brown v. State, 195 Ga.App. 389, 393 S.E.2d 514 (1990). Cf. Morris v. State, 161 Ga.App. 141, 288 S.E.2d 102 (1982) ().
Judgments affirmed.
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...record admissible even though they incidentally placed defendant's character in issue). 11. (Citations omitted.) Stokes v. State, 206 Ga. App. 781(1), 426 S.E.2d 573 (1992). Accord Benton v. State, 286 Ga.App. 736, 649 S.E.2d 793 12. (Footnote omitted.) Primas v. State, 231 Ga. App. 861, 86......
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...that the failure of the record to reflect whether the jury is sworn does not constitute reversible error. [Cits.]" Stokes v. State, 206 Ga.App. 781(1), 426 S.E.2d 573 (1992). It must appear affirmatively that the jury was not sworn. If an appellant claims that the jury was not sworn, his or......
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