GARDNER, P. J.
1. As a new trial must be granted to the defendant on account of the error committed in denying his motion for a mistrial, and as the evidence upon a new trial may be different from that on the present trial, this court will not express any opinion as to the facts.
2. In special grounds 1 and 2 of the motion for new trial, the defendant complains of the refusal of the trial judge to declare a mistrial, upon motion timely made by his counsel...
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