Swails v. State of Ga.

Because the majority opinion denies the right to a jury trial guaranteed by Art. I, Sec. I, Par. XI (a) of the Constitution of Georgia of *2791983,1 must respectfully dissent. The majority concludes the General Assembly was authorized to provide for trial without a jury in OCGA § 16-13-49 (o) (5) because drug forfeiture proceedings did not exist prior to the adoption of the first Georgia Constitution. Believing that the right to a jury trial includes statutory proceedings of a similar nature that have arisen since the adoption of our Constitution, I would reverse the trial court.

As the…