Public-domain · open source
OpenJurist

39 Ga. App. 828

Graham v. State

Court of Appeals of Georgia

Decided June 11, 1929

Court of Appeals of Georgia · decided 1929-06-11

Cited by 1 later decisions — most recently September 1941

1 state decisions

Relies on 27 Ga. App. 314 - Burke v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1929-06-11

View the full empirical analysis of this case →

Broyles, C. J.

¶11. Under tlie facts of the case the refusal of the court to declare a mistrial (the motion being based upon the statement of counsel for the State, in the concluding argument, that if the jury, with the evidence before them, did not convict, they should not be allowed to sit on the jury) is not cause for a new trial. When the judge denied the motion he instructed the jury “not to consider any statement made by counsel but to look to the evidence and base their verdict upon the evidence from the witness or witnesses produced from the stand and from the charge of the court.” Furthermore, the verdict was demanded by the evidence adduced by the State (the defendant made a statement but introduced no evidence). See, in this connection, Burke v. State, 27 Ga. App. 314 (3) (108 S. E. 119).

¶22. The refusal to grant a new trial was not error for any reason assigned.

¶3Judgment affirmed.

Luke and Bloodworth, JJ., concur,If. L. Williams, for plaintiff in error.Wade II. Watson, solicitor, contra.
/39/gaapp/828 · .json · Public domain