§ 10-113. Criminal procedure.

(a)

Proceedings in criminal cases in said court shall be by accusation or referral of indictment by the superior court of Cobb County and trial shall conform to rules governing like proceedings in the superior court, except that the jury in said court shall consist of six jurors to be stricken alternately by the defendant and state from a panel of 12. The defendant shall be entitled to four strikes and the state shall be entitled to two strikes. The remaining jurors shall compose the jury.

(b) (1) All prosecutions in criminal cases instituted in the state court of Cobb County shall be by written accusation made by the solicitor or assistant solicitor, based upon affidavit setting forth plainly the offense charged in terms of law, upon which shall be entered the name of the prosecutor.

(2)

On and after the effective date of this subsection [1994 Ga. Laws, (Act No. 727), page 3938], the solicitor of the state court of Cobb County shall be known as and referred to as solicitor general and each assistant solicitor of the state court of Cobb County shall be known as and referred to as assistant solicitor general.

(c)

Proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior court, except for the provisions for jurors hereinabove set forth.

(d)

Said court is empowered to issue bench warrants for the arrest of offenders, to accept pleas of guilty and pass sentence in term time or vacation, and is further empowered to pass upon all questions of law and of fact in cases where trial by jury is waived by the defendant and is empowered to try such nonjury cases in term time or vacation.

(e)

Said court shall sit as a committal court upon all criminal warrants issued by the judge or clerk thereof, where demand is made therefor by an accused and all criminal warrants issued by any lawful authority upon demand therefor as is provided under the law of Georgia.

(f)

The clerk of the state court of Cobb County is hereby authorized to receive all criminal warrants for filing, to assign each such warrant a case number, and to forward each such warrant to the office of the solicitor of said court for purposes of having an accusation drawn.

(1964 Ga. Laws (Act No. 1006), page 3211, § 12; 1979 Ga. Laws (Act No. 148), page 3481, § 2; 1994 Ga. Laws (Act No. 727), page 3938, § 1)