33 S.E.2d 745 | Ga. Ct. App. | 1945
The court did not err in overruling and dismissing the certiorari for any of the reasons assigned.
Special grounds f and g: The court did not err in admitting certified proceedings showing that the defendant previously had been twice convicted of operating a lottery known as the number game for the hazarding of money. Mills v. State, supra. The previous convictions were not too remote. Weeks v. State,
Special ground h: The evidence here as to the statute of limitations is similar to the evidence in Mills v. State,
supra. In view of the whole evidence, this special ground is without merit. See also Davis v. State,
Special ground I: This ground alleges that the State's attorney in his argument made the statement: "William Bivins is guilty as charged." The counsel for the defendant then moved for a mistrial. The solicitor stated: "I will take it all back;" whereupon counsel for the defendant insisted on his motion. The court then stated to the jury in effect that the solicitor had no legal right to express his personal opinion concerning the guilt of the defendant and that such was improper; that he could draw such deductions from the evidence as he thought proper. Then the court inquired of the solicitor just what he did say, whereupon the solicitor remarked: *308
"I don't know. I think I said if what I said was true he would be guilty as charged." Thereupon the court remarked: "There wouldn't be anything wrong with that." The motion was overruled, and we think properly so. The Supreme Court in Floyd v. State,
Judgment affirmed. Broyles, C. J., and MacIntyre, J., concur.