Jones v. State

Marshall, Chief Justice.

We granted the application for writ of certiorari in the present case. Jones v. State, 185 Ga. App. 649 (366 SE2d 144) (1988). We disapprove the Court of Appeals’ holding in Div. 3 of its opinion that where an unauthorized communication to a juror occurs in a criminal case, the burden is on the defense to show actual prejudice. The rule in this State is that where such an improper communication occurs, *97there is a presumption of harm and the burden is on the State to show the lack thereof. E.g., Whitlock v. State, 230 Ga. 700 (1) (198 SE2d 865) (1973); Dudley v. State,…