Blackston v. State

Duckworth, Chief Justice.

1. Where, on a hearing of a motion for a continuance before the jury has been empaneled, the court engages in a colloquy with the solicitor-general and remarks are made within the hearing of the jurors and in a manner such as to allegedly prejudice the defendant’s rights, counsel for the defendant should move for a postponement in order that other jurors than those present may be empaneled to hear the evidence in the case. Counsel, having failed to make such a motion and having proceeded to trial without objection, can not after conviction raise the question, as to…