History
  • No items yet
midpage
Harris v. State
91 S.E.2d 492
Ga.
1956
Check Treatment
Duckworth, Chief Justice.

1. Whether or not the statement of the solicitor-general, made to the jury in his argument and complained of here, that he was not allowed to discuss the character of the defendant unless he had put his character in issue, which he had not in this case, was in any respect prejudicial and harmful to the defendant, the prompt instruction by the court that the jury should disregard the argument thus made, and the further clarification by the court, of the law on character, rendered the statement completely harmless, and the court did not err in refusing to grant a mistrial and in overruling the amended ground of the motion for new trial complaining thereof. Code § 81-1009; Smith v. State, 204 Ga. 184, 189 (48 S. E. 2d 860), and cases cited therein.

2. The evidence, showing that the victim had been knocked unconscious and her money torn from her person, leaving her clothing tom where it had been pinned to her undergarments, and the confession of the defendant, amply supports the verdict of guilty of robbery by force, and the court did not err in denying the motion for new trial for any reason stated.

Judgment affirmed.

All the Justices concur, except Wyatt, P. J., who dissents ¡rom division 1, and from the judgment of affirmance.

Case Details

Case Name: Harris v. State
Court Name: Supreme Court of Georgia
Date Published: Feb 14, 1956
Citation: 91 S.E.2d 492
Docket Number: 19195
Court Abbreviation: Ga.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.