528 S.E.2d 512
S99G1267.Supreme Court of Georgia.
DECIDED: MARCH 13, 2000.
THOMPSON, Justice.
We reverse the judgment of the Court of Appeals in Grant v. State, 237 Ga. App. 892 (515 S.E.2d 872) (1999), because the record conclusively shows, and the State concedes, that the jury oath which is mandated by OCGA § 15-12-139 was never administered in this case. It follows that Grant’s motion to set aside his conviction should have been granted and the case must be remanded for retrial. See Slaughter v. State, 100 Ga. 323 (28 S.E. 159) (1897).
Judgment reversed. All the Justices concur.
Page 214
DECIDED: MARCH 13, 2000 —
Certiorari to the Court of Appeals of Georgia — 237 Ga. App. 892.
L. Elizabeth Lane, for appellant.
Charles H. Weston, District Attorney, Wayne G. Tillis, Howard Z. Simms, Assistant Distritct Attorneys,, for appellee.