25 Ga. App. 404 | Ga. Ct. App. | 1920
The defendant was being tried for shooting his wife with intent to murder her. The solicitor-general put up the wife, who testified that the shooting was an accident. Before introducing the witness, however, the solicitor-general, in a colloquy with the defendant’s counsel, in the presence and hearing of the jury, stated: “Pm not going to depend upon the testimony of the wife; she’s not going to swear the truth about it.” Counsel for the defendant objected to this statement, whereupon the court, addressing defendant’s counsel, said: “Well, the jury will not be
Under the circumstances stated, the court should either have declared a mistrial of the case, or have recalled the jury and expressly instructed them not to consider the improper' remarks of the solicitor-general, and the failure so to do necessitates another trial of the case.
Judgment reversed.