JONES v. STATE

45932.

123 Ga. App. 310 (1971)

180 S.E.2d 603

JONES v. THE STATE.

Court of Appeals of Georgia.

Decided February 11, 1971.


Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Tony H. Hight, Stephen A. Land, for appellee.


HALL, Presiding Judge.

Defendant appeals from his conviction for voluntary manslaughter and the denial of his motion for a new trial on the sole ground that in his closing argument the district attorney said, "You have a choice between believing the sworn testimony of the State's witnesses or the statement of the defendant." Defendant contends this is "comment" prohibited by Code Ann. § 38-415 since it draws a comparison between the sworn and unsworn testimony...

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