12 Ga. App. 667 | Ga. Ct. App. | 1913
The accused was indicted for assault with intent to
The language used by State’s counsel in replying to the objections of the accused was not so prejudicial as to require a new trial; neither will the statement of the trial judge have this effect. Evidently the judge’s statement was in the nature of an inquiry to counsel as to whether or not the evidence offered was to show flight. Ordinarily, remarks of counsel in replying to objections of the adversary and statements made by the court in ruling upon such objections will not be cause for a new trial. If the argument of counsel upon such objections is likely to be such as to unfairly prejudice the accused, the trial judge will generally, in the interest of fairness, send the jury out. All these things, however, are matters in his discretion. They come within what has been aptly termed the “police power” of the court; and the action of the judge will not be controlled except in a case of flagrant abuse, The accused, not having been indicted, was under no legal obligation to attend the October term of court. His absence ought not
Judgment affirmed.