Shelton v. State

Nichols, Presiding Judge.

Special ground 1 of the amended motion for new trial assigns error on the refusal of the trial court to permit a witness for the defendant to testify. The record discloses that the “rule” had been invoked and that the witness had remained in the courtroom for various periods of time during the progress of the trial while other witnesses testified.

Under the decision of the Supreme Court in response to a certified question by this court (Shelton v. State, 220 Ga. 610, 140 SE2d 839), the witness was not disqualified from testifying in the case and while the defendant did…