155 Ga. App. 495 | Ga. Ct. App. | 1980
Horace Warner appeals following his convictions of theft by taking, credit card theft and violation of the Georgia Firearm and Weapons Act.
1. Appellant contends that the trial court erred in failing to grant a mistrial when counsel for co-defendant Jackson called him as a witness in the presence of the jury. At a bench conference immediately before Warner was called as a witness, Jackson’s counsel informed the court of his intention to call the defendant. No objection was made by Warner’s counsel. After Warner was called as a witness, the district attorney objected and then his counsel objected. The jury was excused and Jackson’s attorney explained that he called Warner to the stand in order to perfect his motion for a severance. No comment was ever made in front of the jury on the defendant’s failure to testify. We find no error.
2. Appellant’s attorney (who also represented him at trial) contends that the defendant was denied effective assistance of counsel because he did not cross-examine any of the ten witnesses called at trial and failed to provide an opening statement and a closing argument. The record shows that attorneys for the two co-defendants extensively cross-examined the witnesses and made opening and closing statements. In Pitts v. Glass, 231 Ga. 638, 639
Judgment affirmed.