94 Ga. App. 270 | Ga. Ct. App. | 1956
148 gallons of non-tax-paid whisky in net sacks, confiscated from the premises of one Jimmy Morris and as to which there was testimony that the defendant had caused it to be placed there and had later come back and withdrawn, some of it, were physically placed in the courtroom before the commencement of the trial. A motion for a mistrial was made on the ground that the State “does not have the right to bring into this courtroom and place on exhibition as a part of the setting of a stage in this case, this stack of supposedly illicit liquor.” The motion was overruled. In support of this ground counsel for the defendant cites State v. Waitus, 224 S. C. 12 (77 S. E. 2d 256) to the effect that pictures of the deceased, calculated to inflame and arouse the passions of the jury, and showing only conditions as to which there was no material issue in dispute, were prejudicial and should have been excluded from evidence. That the rule is different in Georgia, see Anderson v. State, 206
The remaining special grounds of the motion for a new trial assign error on the refusal of a motion for mistrial because of reference by the solicitor-general to facts expected to be proved and the overruling of objections to testimony, based on the following: about Christmas, 1954, the defendant took a gallon of non-tax-paid liquor to one Ella Mae Howard for the apparent purpose of getting her to sell it. The witness testified she thought it was a Christmas present and the family and friends drank it. In February the defendant returned and demanded payment for the whisky. When it was refused he drew a pistol on the witness, but replaced it and left upon the arrival of another person. It is contended that this testimony, and reference to it in the opening argument of the solicitor, was prejudicial in that it placed the defendant’s character in issue and made reference to' other and independent offenses. So far as the liquor transaction is concerned, the defendant’s possession of illegal whisky might be proved at any time within 2 years prior to the date of the accusation, as it was not limited to a specific transaction. Insofar as testimony regarding the pistol is concerned, the same was
These grounds are without merit. The trial court did not err in denying the motion for a new trial.
Judgment affirmed.