THE CRIMINAL COURT OF FULTON COUNTY, GA., TRIED PETITIONER CLAUDE BELLEW ON TWO MISDEMEANOR COUNTS OF DISTRIBUTING OBSCENE MATERIALS. AFTER A JURY OF 5 PERSONS HAD BEEN SELECTED AND SWORN, BALLEW MOVED THAT THE COURT IMPANEL A JURY OF 12 PERSONS; THE COURT OVERRULED THE MOTION AND CONVICTED HIM OF BOTH CHARGES. APPEAL WAS REJECTED BY THE GEORGIA COURT OF APPEALS, BUT THE UNITED STATES SUPREME COURT RULED THAT A FIVE-MEMBER JURY DOES NOT SATISFY THE JURY TRIAL GUARANTEE OF THE SIXTH AMENDMENT. IN THE 1970 SUPREME COURT DECISION IN WILLIAMS V. FLORIDA, IT WAS HELD THAT A CRIMINAL TRIAL BEFORE A SIX-MEMBER JURY, WHETHER FOR A CAPITAL OR NONCAPITAL OFFENSE, DOES NOT VIOLATE THE DEFENDANT'S SIXTH AND FOURTEENTH AMENDEMENT RIGHTS. THE COURT IDENTIFIED THE ISSUE TO BE WHETHER A FURTHER REDUCTION IN THE SIZE OF THE STATE CRIMINAL TRIAL JURY INHIBITS THE EFFECTIVENESS OF THE JURY TO A SIGNIFICANT DEGREE, AND, IF SO, WHETHER ANY STATE INTEREST JUSTIFIED THE REDUCTION. FINDING THAT POST-WILLIAMS EMPIRICAL STUDIES INDICATE SMALL JURIES ARE LESS LIKELY TO FOSTER EFFECTIVE GROUP DELIBERATION, THE COURT STATED THAT THE STUDIES CASE DOUBT UPON THE CONSISTENCY AND RELIABILITY OF DECISIONS BY SMALL PANELS. BALLEW'S RELIANCE UPON SEVERAL STATISTICAL STUDIES PROVIDES A GOOD FOUNDATION FOR THE DECISION. FURTHER, THE COURT HAD TO SET A MINIMUM NUMBER FOR JURIES AT SOME POINT. JURIES COMPOSED OF SIX STILL PERMIT MEANINGFUL GROUP DELIBERATION, BUT JURIES COMPOSED OF FIVE OR FEWER SEEM TO BE LESS FORMAL AND NOT CONDUCIVE TO GROUP DISCUSSION OR ACCURATE RESULTS. (RCB)