112 Ga. 48 | Ga. | 1900
Wiley Freeman was indicted by the grand jury of Bibb county, for tbe murder of James Dean. Upon the trial of the case, the jury returned a verdict of guilty, with a recommendation for life imprisonment; whereupon the accused moved for a new trial, and excepts to the judgment overruling his motion.
The judge further says in his note that defendant’s counsel also objected to the paper on the further ground that some part of it was merely the opinion of the deceased, and that the solicitor-general had no right to put in a part of the paper without putting it all in evidence, and objecting to all or any part of the paper. He added that he admitted the entire paper except that portion of it which was objected to by movant’s counsel, containing the following words: “ I think he ought to be hung if I die, and hope that he will be.” It is not contended by counsel for the accused that he desired that portion of the statement to go to the jury. It was manifestly irrelevant and inadmissible, and the court did right in cutting it off from the paper before handing it to the jury, excluding such an expression entirely from their consideration. It certainly worked no disadvantage or harm to the accused.
The above disposes of all the grounds of the motion for a new trial which present for decision here any question worthy of special notice. Judgment reversed.