GA Code § 17-9-2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 9 - Verdict and Judgment Generally|Article 1 - General Provisions|§ 17-9-2. Jury to Judge Law and Facts and Give General Verdict; Imposition of Sentence; Form and Construction of Verdicts

 The jury shall be the judges of the law and the facts in the trial of all criminal cases and shall give a general verdict of "guilty" or "not guilty." Upon a verdict of "guilty," the sentence shall be imposed by the judge, unless otherwise provided by law. Verdicts are to have a reasonable intendment, are to receive a reasonable construction, and are not to be avoided unless from necessity.   (Laws 1833, Cobb's 1851 Digest, p. 835; Code 1863, §§ 3481, 4532; Code 1868, §§ 3503, 4552; Code 1873, §§ 3561, 4646; Code 1882, §§ 3561, 4646; Penal Code 1895, § 1033; Penal Code 1910, § 1059; Code 1933, § 27-2301; Ga. L. 1974, p. 352, § 1.)   Cross references.   - Ga. Const. 1983, Art. I, Sec. I, Para. XI.    Trial juries, § 15-12-120 et seq.   U.S. Code.   - Verdicts, Federal Rules of Criminal Procedure, Rule 31.   Law reviews.   - For comment on Finch v. State, 87 Ga. App. 426, 74 S.E.2d 121 (1953), granting defendant a new trial where the jury returned inconsistent verdicts, see 17 Ga. B.J. 381 (1955).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Practice and Procedure   Jury Instructions   Verdicts    OPINIONS OF THE ATTORNEY GENERAL   Section as amended applies to offenses committed on or after July 1, 1974.    - This section, which authorized the jury to determine guilt or innocence and the judge to pass sentence, applied only to those defendants who allegedly committed criminal offenses on July 1, 1974, or thereafter. 1974 Op. Att'y Gen. No. U74-74, but see Henderson v. State, 134 Ga. App. 898, 216 S.E.2d 696 (1975), overruled on other grounds, Moran v. State, 139 Ga. App. 274, 228 S.E.2d 216 (1976).    General verdict is to be returned in both felony and misdemeanor verdicts.  1967 Op. Att'y Gen. No. 67-412.   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, §§ 706, 709, 713, 718.   C.J.S.   - 23A C.J.S., Criminal Procedure and Rights of the Accused, §§ 1772 et seq., 1777 et seq., 1792 et seq., 1895 et seq.   ALR.    - Right of court to accept verdict upon one or more counts of an indictment or information when jury is unable to reach a verdict on all counts or is silent as to part of counts, and effect of such acceptance, 114 A.L.R. 1406.    Power of trial court to dismiss defendant in criminal case for insufficiency of evidence after submitting case to jury or after verdict of guilty, 131 A.L.R. 187.    Imposition or enforcement of sentence which has been suspended without authority, 141 A.L.R. 1225.    Power to impose sentence with direction that after defendant shall have served part of time he be placed on probation for the remainder of term, 147 A.L.R. 656.   Validity and effect of verdict in civil action finding defendant "not guilty,", 7 A.L.R.2d 1341.   Withdrawal of waiver of right to jury trial in criminal case, 46 A.L.R.2d 919.   Right of accused to insist, over objection of prosecution or court, upon trial by court without a jury, 51 A.L.R.2d 1346; 37 A.L.R.4th 304.   Effect on verdict in criminal case of haste or shortness of time in which jury reached it, 91 A.L.R.2d 1238.   Inconsistency of criminal verdict with verdict on another indictment or information tried at the same time, 16 A.L.R.3d 866.   Inconsistency of criminal verdict as between different counts of indictment or information, 18 A.L.R.3d 259.   Juror's reluctant, equivocal, or conditional assent to verdict, on polling, as ground for mistrial or new trial in criminal case, 25 A.L.R.3d 1149.   Validity and efficacy of accused's waiver of unanimous verdict, 97 A.L.R.3d 1253.   Loss of jurisdiction by delay in imposing sentence, 98 A.L.R.3d 605.   Prejudicial effect of jury's procurement or use of book during deliberations in criminal cases, 35 A.L.R.4th 626.   Right of accused, in state criminal trial, to insist, over prosecutor's or court's objection, on trial by court without jury, 37 A.L.R.4th 304.   Requirement of jury unanimity as to mode of committing crime under statute setting forth the various modes by which offense may be committed, 75 A.L.R.4th 91.