SHELTON v. STATE

40797.

111 Ga. App. 351 (1965)

141 S.E.2d 776

SHELTON v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 16, 1965.


Attorney(s) appearing for the Case

Wesley R. Asinof, Chester E. Wallace, F. L. Breen, for plaintiff in error.

William T. Boyd, Solicitor General, J. Robert Sparks, J. Walter LeCraw, William Hall, Jr., contra.


NICHOLS, Presiding Judge.

1. Special ground 1 of the amended motion for new trial assigns error on the refusal of the trial court to permit a witness for the defendant to testify. The record discloses that the "rule" had been invoked and that the witness had remained in the courtroom for various periods of time during the progress of the trial while other witnesses testified.

Under the decision of the Supreme Court in response to a certified question by this...

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