O'NEAL v. State

The intent of OCGA § 17-8-75 is to prohibit argument which introduces facts that are not put on the record and are calculated to prejudice the accused. Adams v. State, 260 Ga. 298, 299 (392 SE2d 866) (1990). See also Dingler v. State, 293 Ga. App. 27, 31, 32 (666 SE2d 441) (2008). The statute consists of two sentences. The first sentence authorizes the trial court to intervene on its own motion to prevent counsel from injecting prejudicial facts which are not in evidence by way of argument. See Brooks v. State, 183 Ga. 466, 468 (188 SE 711) (1936). The second sentence provides additional…