154 Ga. 529 | Ga. | 1922
'1. One ground of the motion for a new trial complains that the solicitor-general, in his argument to the jury, urged that the defendant be found guilty without a recommendation, and that as a result thereof such a verdict was returned. Held, that the solicitor-general did not exceed the bounds within which he had the lawful right to argue; therefore no cause for the grant of a new trial is shown.
2. A ground of the motion for a new trial complains “ that while he [the defendant] was present during the entire trial, up to and including the charge of the court, that after the jury retired to consider their verdict
(a) The facts of this case differ from those in Wilson v. State, 87 Oa. 583 (13 S. E. 566), where a new trial was granted because the court recharged the jury in the absence of the accused and while the latter was in an adjoining room in the custody of an officer. In the Wilson case, as appears from the record of file in this court, the accused was in a “ closed room ” and did not know anything of the recharge until afterwards.
3. The verdict is supported by evidence.
Judgment affirmed.