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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) No attorney at law in a criminal case shall argue to or in the presence of the jury that a defendant, if convicted, may not be required to suffer the full penalty imposed by the court or jury because pardon, parole, or clemency of any nature may be granted by the Governor, the State Board of Pardons and Paroles, or other proper authority vested with the right to grant clemency.
(b) If counsel for either side in a criminal case argues to or in the presence of the jury as provided in subsection (a) of this Code section, opposing counsel shall have the right immediately to request the court to declare a mistrial, in which case it shall be mandatory upon the court to declare a mistrial. Failure to declare a mistrial shall constitute reversible error.
(c) This Code section shall be construed as setting forth requirements in addition to other requirements of law.
Cite this article: FindLaw.com - Georgia Code Title 17. Criminal Procedure § 17-8-76 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-17-criminal-procedure/ga-code-sect-17-8-76/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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