Williamson v. State

Full title: WILLIAMSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Dec 5, 1980

156 Ga. App. 856 (Ga. Ct. App. 1980)

275 S.E.2d 60

Opinion

61026.

SUBMITTED NOVEMBER 4, 1980.

DECIDED DECEMBER 5, 1980. REHEARING DENIED DECEMBER 19, 1980.

Simple battery. Cobb State Court. Before Judge Cauthorn.

Jean E. Johnson, Jr., F. Gentry Shelnutt, Jr., for appellant.

Herbert Rivers, Solicitor, Robert Webb, Assistant Solicitor, for appellee.

SMITH, Judge.

Convicted of simple battery, Williamson appeals, enumerating as error that on three occasions during the course of the trial a juror was allowed by the court to examine witnesses. Since it has been unequivocally stated that in this state "a juror should not be permitted to examine witnesses under any circumstances," denial of appellant's motion for a new trial must be reversed. Stinson v. State, 151 Ga. App. 533, 536 (1) ( 260 S.E.2d 407) (1979); Hall v. State, 241 Ga. 252, 256 (4) ( 244 S.E.2d 833) (1978). Further contentions as to improper charges are without merit.

Judgment reversed. McMurray, P. J., and Banke, J., concur.

SUBMITTED NOVEMBER 4, 1980 — DECIDED DECEMBER 5, 1980 — REHEARING DENIED DECEMBER 19, 1980 — CERT. APPLIED FOR.