144 Ga. 259 | Ga. | 1915
Complaint is made of the use of the following language by counsel for the plaintiff in his concluding argument to the jury, which was objected to and a ruling of the court invoked: “Who is interested in this case, defending? Mr. Smith, the general manager, is not here. You saw the manner in which Long and Mr. McCleer testified. They didn’t appear to take any interest in the case. The Southern Marble- Company doesn’t seem to care about the case.” Also that the counsel in his concluding argument to the jury said that “the plaintiff had been followed and watched,” and asked, “who has been hounding him?” The court declined to stop or rebuke counsel for the use of the language quoted. It is contended that there was no evidence to authorize counsel to use such language, and that its use was prejudicial and tended to inflame the minds of the jury against the defendant. “Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same; and, on objection made, he shall also rebuke the same, and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds; or, in his discretion, he may order a mistrial if the plaintiff’s attorney is the offender.” Civil Code (1910), § '4957. In this case the fifth ground of the motion for a new
The other grounds of the motion for a new trial, alleging error in certain excerpts from the charge of the court, when considered in connection with the pleadings, the evidence, and the general charge, furnish no ground for a reversal.
Judgment reversed.