Semega v. State

Smith, Presiding Judge.

Abdoulea Semega was convicted of rape. His motion for new trial was denied, and he appeals, asserting that the trial court erred in excusing a juror and alleging prosecutorial misconduct. Because we find that the trial court abused its discretion in removing a holdout juror, we reverse.

1. OCGA § 15-12-172 provides:

If at any time, whether before or after final submission of the case to the jury, a juror dies, becomes ill, upon other good cause shown to the court is found to be unable to perform his duty, or is discharged for other legal cause, the first alternate juror…