McELROY v. STATE

59525.

154 Ga. App. 638 (1980)

269 S.E.2d 497

McELROY v. THE STATE.

Court of Appeals of Georgia.

Decided May 16, 1980.


Attorney(s) appearing for the Case

Floyd H. Farless, for appellant.

F. Larry Salmon, District Attorney, William H. Boggs, Assistant District Attorney, for appellee.


DEEN, Chief Judge.

The sole ground for reversal urged is that the trial court committed error in refusing to allow a witness to be recalled to the stand for further testimony in violation of the sequestration rule (Code § 38-1703), which states both that witnesses shall be examined out of the hearing of each other and that "no mere irregularity shall exclude the witness." In the present case, after a protracted recess, a witness was called and the court...

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