46 Ga. App. 315 | Ga. Ct. App. | 1933
Herbert Cliett was convicted on the 24th of May, 1932, of the theft of certain chickens belonging to one Newt Carver, and excepts to the overruling of his motion for a new trial.
It appears from special ground 1 of the motion for a new trial that the solicitor of the city court in his argument to the jury made this statement: “Gentlemen of the jury, if you acquit this defendant you have got to brand the prosecutor Newt Carver and his wife Becky Carver before this community as wilful, malicious, and
The remaining special ground of the motion for a new trial complains of the refusal of the court to declare a mistrial because of additional remarks made by the solicitor in the presence of the jury about opposing counsel, but we deem it unnecessary to discuss that ground except to say that it shows further prejudicial statements to have been made in the jury’s hearing, and not rebuked by the court. As stated by our Supreme Court in Jesse v. State, 20 Ga. 156, 169, “While the safety of society requires the faithful prosecution of offenders against the laws, the State does not ask their conviction but upon a calm and dispassionate investigation of the charges against them.” A careful reading of the entire record in this case clearly shows that the guilt or innocence of the defendant was not the subject of a calm and dispassionate investigation, and the trial judge erred in overruling defendant’s motion for a new trial.
Judgment reversed.