14 S.E.2d 225 | Ga. Ct. App. | 1941
The overruling of the certiorari was not error for any reason assigned.
In Crowe v. State,
The first special assignment of error in the petition for certiorari is upon the refusal of the court to declare a mistrial because a witness for the State testified that he had received from the defendant a sum in settlement after the return of the indictment. On motion of counsel for the accused the jury were retired and a motion for mistrial was made. After the return of the jury the court stated: "I overrule the motion for mistrial, but, gentlemen of the jury, let me give you these instructions: the court rules out of the evidence the statement of the witness that some money had been repaid to him or been paid back to him. Do not let yourselves be influenced by that testimony in making your decision in this case. Don't consider it." As to this alleged error, counsel for the accused relies principally upon the decision in Fitzgerald v. State,
Judgment affirmed. MacIntyre and Gardner, JJ., concur.