Avery v. State

174 Ga. App. 116 (1985)

329 S.E.2d 276

AVERY

v.

THE STATE.

69368.

Court of Appeals of Georgia.

Decided March 8, 1985.

Rehearing Denied March 22, 1985.

John H. Ruffin, Jr., for appellant.

Sam B. Sibley, District Attorney, for appellee.

POPE, Judge.

Lacey Avery, Jr. was convicted of burglary and sentenced to serve fifteen years. He now appeals enumerating three errors.

1. In his first two enumerations of error Avery contends he was denied due process of law under both the Federal and State Constitutions because the State was allowed to use its peremptory strikes to exclude blacks from the petit jury. This…