Legal Opinion

Johnson v. State

Supreme Court of Georgia

Decided March 9, 1920No. 1563PublishedCited by 38 opinions

Indictment for murder. Before Judge Littlejohn. Schley superior court. June 21, 1919.

1Opinion of the CourtAtkinson, J.

1. It is improper for counsel for the State, on the trial of a defendant charged with crime, to state to the jury his belief that the defendant is guilty. Jones v. State, 123 Ga. 129 (51 S. E. 312) ; Broznack, v. State, 109 Ga. 514 (35 S. E. 123). But where the trial judge promptly expresses disapproval of the remarks, and instructs the jury not to consider them in rendering their verdict, the refusal to declare a mistrial on account of such remarks will not require the grant of a new trial.

2. It was not error to instruct the jury: “I charge you that proof of good character may in itself…

2Cases cited2 opinions

  1. Broznack v. StateSupreme Court of Georgia · 1900
  2. Jones v. StateSupreme Court of Georgia · 1905

3Cited by38 opinions

  1. Loomis v. StateCourt of Appeals of Georgia · 1948
  2. Moore v. StateSupreme Court of Georgia · 1972
  3. Nelson v. StateSupreme Court of Georgia · 1939
  4. Spell v. StateSupreme Court of Georgia · 1969
  5. Peeples v. RudulphSupreme Court of Georgia · 1922

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