10 Ga. App. 798 | Ga. Ct. App. | 1912
This is a companion case to that of Martin v. State (No. 3848), ante, 795. All the points raised in the present record are controlled by that decision, except those referred to in the head-notes of this decision.
Complaint is made of certain alleged prejudicial statements made by counsel for the State during the hearing of a motion for continuance and before the jury was- impaneled. These statements, being made to the court, furnish no reason for setting aside a verdict afterwards rendered. The remedy, if the accused had any, was to challenge the poll of each juror and ascertain if the statements made in his hearing by the State’s attorney had prejudiced the juror against the accused. Smith v. State, 7 Ga. App. 253 (2b); Kidd v. State, ante, 148.
The evidence was wholly circumstantial. This being true, it was inaccurate and probably harmful for the court to state to the jury that it was claimed that at least a part of the evidence was circumstantial. The only really material error in the record is that indicated by the first headnote. The accused was found in the recent possession of a set of harness belonging to one Wilkerson; and there was evidence that this set of harness had been stolen. It also appeared that a number of other sets of harness were found in the possession of the accused at the time and place at which the harness described in the indictment -was found!’ 'Dníike'th'e'evidence in the case against the accused, reference to which has herein-before been made, there was no evidence that any of these sets of harness, except that belonging to Wilkerson, had been stolen. There was evidence that the accused was a small trader, and that for sev