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66 Ga. App. 59

17 S.E.2d 91

Daniel v. State

Court of Appeals of Georgia

Decided October 17, 1941

Court of Appeals of Georgia · decided 1941-10-17

Relies on Coleman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1941-10-17

How this case has been cited

Cited by 4 later decisions — most recently February 1982

4 state decisions

2019411950196019701980decided

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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Gardner, J.

¶1 This plaintiff in error was convicted on an indictment for burglary containing two counts. He filed a motion for new trial on the usual general grounds and by amendment added one special ground. The court overruled the motion and the defendant excepted. We see no necessity of setting forth the evidence. It amply sustained the verdict; and there is no merit in the general grounds.

¶2 The special ground complains that the court erred in overruling a motion for a mistrial based on a statement of a witness, whose place was the subject of an alleged burglary, that he had received certain information during the investigation of the case. The court of his own motion promptly ruled out the evidence, and the solicitor-general also stated that he did not insist on it. After-wards the witness stated: “I got some information. After I got the information I called the officers. In fact, the detectives were being sent out there, I told them that. . .” The court directed the witness: “Don’t tell what you told them.” Under the facts of this case we think the evidence was admissible under the Code, § 38-302. Coleman v. State, 127 Ga. 282 (56 S. E. 417). But, regardless of this, the judge did not err in the ruling complained of in this ground.

¶3 Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.
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