Howard v. State, 144 Ga. App. 31

Deen, Presiding Judge.

The only enumeration of error in this case is that, after the defendant’s counsel invoked the rule of sequestration of. witnesses, the nominal prosecutor was excepted from the rule. Under the decision in James v. State, 143 Ga. App. 696, following Jarrell v. State, 234 Ga. 410, 420 (216 SE2d 258) and other cases, where the trial court exercises his discretion in allowing a police officer who is the nominal prosecutor to remain in the courtroom based on the district attorney’s statement that he cannot fairly and adequately represent the state without such officer’s assistance, the discretion of the court in allowing him to remain will not be disturbed.

Judgment affirmed.

Webb and Birdsong, JJ., concur.-

Case Details

Case Name: Howard v. State

Court Name: Court of Appeals of Georgia

Date Published: Nov 17, 1977

Citations: 144 Ga. App. 31; 240 S.E.2d 589; 1977 Ga. App. LEXIS 2570; 54793

Docket Number: 54793

Court Abbreviation: Ga. Ct. App.