Rhodes v. State

1. One who, without objection, allows a witness to go on the stand and give evidence against him without being first sworn can not, after conviction, urge the failure of the witness to take the oath, as a ground of a motion for a new trial. Knowledge of the failure to swear the witness is necessarily imputable to the accused; for the oath must have been administered, if at all, in open court and in the presence of the accused. Smith v. State, 81 Ga. 480.

2 It was not error to refuse to grant a new trial on the ground of the alleged disqualification of one of the jurors who tried the case ; for…