Noble v. State

Quillian, Judge.

The appellant and his son were jointly indicted for aggravated assault. The appellant was tried separately and convicted of simple battery. An appeal was then taken to this court. Held:

1. The appellant contends that the trial judge erred in failing to delete his son’s name from the indictment which the jury took to the jury room. We find no error in the judge’s action. Code § 27-2101, as amended (Ga. L. 1971, pp. 891, 892; 1972, pp. 618, 619).

2. The appellant argues that it was error to allow a witness to testify as to statements made by the defendant’s son, a co-conspirator,…