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144 Ga. App. 31

240 S.E.2d 589

Howard v. State

Court of Appeals of Georgia

Decided November 17, 1977

Court of Appeals of Georgia · decided 1977-11-17

Relies on Jarrell v. State · 143 Ga. App. 696 - James v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-11-17

How this case has been cited

Cited by 3 later decisions — most recently January 2000

3 state decisions

101977198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Deen, Presiding Judge.

¶1 The only enumeration of error in this case is that, after the defendant’s counsel invoked the rule of sequestration of. witnesses, the nominal prosecutor was excepted from the rule. Under the decision in James v. State, 143 Ga. App. 696, following Jarrell v. State, 234 Ga. 410, 420 (216 SE2d 258) and other cases, where the trial court exercises his discretion in allowing a police officer who is the nominal prosecutor to remain in the courtroom based on the district attorney’s statement that he cannot fairly and adequately represent the state without such officer’s assistance, the discretion of the court in allowing him to remain will not be disturbed.

¶2 Judgment affirmed.

Webb and Birdsong, JJ., concur.-
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