Barker v. State
127 Ga. 276 | Ga. | 1907
1. That a person accused of a crime does not make a statement is not a proper subject of comment by the prosecuting attorney; nor should he, in the presence of the jury, call on the prisoner’s counsel for an explanation of the failure to make a statement. Where this has-been done, on application duly made the court should grant a mistrial, or at least obviate any injurious effects by appropriate instructions, if this be practicable. Minor v. State, 120 Ga. 490; Caesar v. State, 125 Ga. 6.
2. Evidence that an accused person played cards, with nothing to show that money or other thing of value .was bet, will not warrant a verdict convicting him of gaming.
Judgment reversed.