60 Ga. App. 598 | Ga. Ct. App. | 1939
1. Mr. Bishop in Ms work on Criminal Procedure says: “The opinion of counsel, as to the guilt or innocence
2. The solicitor' stated in his argument that if he ever expressed an opinion “this case would be one that he would like to express his opinion, and that he thought the defendant was guilty.” Counsel for the accused moved that, the court declare a mistrial, “because the solicitor has no right to express his opinion as to the guilt or innocence of the defendant on trial, and it is made for the purpose of inflaming the minds of the jury.” The judge stated: “The motion is overruled. Proceed with the argument.”
“It is improper for counsel for the State, on the trial of a defendant charged with crime, to state to the jury his belief that the defendant is guilty.” Johnson v. State, 150 Ga. 67 (102 S. E. 439). The judge here took no corrective measure. He merely overruled the motion. He neither rebuked the solicitor nor instructed the jury to disregard such remarks, nor in any way expressed his disapproval of them. A proper objection having been made, it was reversible error to refuse a new trial after a verdict of conviction. Sparks v. State, supra; Brooks v. State, 183 Ga. 466 (188 S. E. 711).
Judgment reversed.