GILBERT v. STATE

42099.

114 Ga. App. 1 (1966)

149 S.E.2d 920

GILBERT v. THE STATE.

Court of Appeals of Georgia.

Decided June 16, 1966.

Rehearing Denied June 28, 1966.


Attorney(s) appearing for the Case

Stanley H. Nylen, for appellant.

Lewis Slaton, Solicitor General, J. Walter LeCraw, J. Robert Sparks, for appellee.


NICHOLS, Presiding Judge.

1. The first enumeration of error complains that the trial court erred in refusing to exclude the jury so that counsel for the defendant could make a motion for mistrial in the absence of the jury. Assuming without deciding that proper practice requires that the trial court exclude the jury whenever counsel desires to make a motion for mistrial, yet in the absence of a showing that the appellant...

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