HEAD v. STATE

41130.

111 Ga. App. 14 (1965)

140 S.E.2d 291

HEAD v. THE STATE.

Court of Appeals of Georgia.

Decided January 15, 1965.


Attorney(s) appearing for the Case

James I. Parker, Forrest C. Oates, for plaintiff in error.

Wayne W. Gammon, Solicitor, contra.


EBERHARDT, Judge.

The special grounds of the motion complain of the refusal of the court to exclude two prosecuting police officers, both of the Polk County Police Department, when the defendant invoked the sequestration rule of Code § 38-1703.

The colloquy that appears in the motion for new trial is as follows:

"Court: `Do you want the rule?'

"Defense Counsel: `Yes, Your Honor, we wish the rule.'

"Court: `Do you have any...

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