Benefield v. State

Thompson, Justice.

We granted certiorari to the Court of Appeals in Benefield v. State, 264 Ga. App. 511 (591 SE2d 404) (2003), to determine whether a criminal defendant’s right to a poll of the jurors was violated when the trial court received a negative response to a poll question posed to a juror, and no further deliberation occurred. We answer in the affirmative and reverse the judgment of the Court of Appeals.

Walter Clifford Benefield was found guilty by a jury of three counts of aggravated child molestation and one count of child molestation. After the verdict was published, Benefield’s…