Benton v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Donnie Benton appeals his conviction for stalking, contending that the conviction must be reversed because the jury was not sworn. Because the record does not affirmatively show that the jury was not sworn, we find no reversible error.

In support of his contention, Benton notes that the record does not reflect whether the jury was sworn pursuant to OCGA § 15-12-139, which requires that the judge or clerk of court administer the oath to the trial jury in every criminal case. A conviction by an unsworn jury is a nullity, Spencer v. State, 1 and…