Bryant v. State

Evans, Judge.

Only one enumeration of error is argued. The accused, during her unsworn statement, used the words “and I’ll swear to God if I have ever seen that man before in my life until that night.” At the completion of her unsworn . statement the solicitor remarked: “The witness took the the oath. She said she swore to God.” Thereupon the jury was excused from the room, and defendant moved for mistrial.

The court did not err in denying the mistrial and in refusing to reprimand or rebuke the solicitor. He very properly made no comment on the matter to the jury. It is error to comment upon…