Winget v. State

Evans, Judge.

Defendant was indicted for the sale of marijuana in violation of the Georgia Controlled Substances Act. He was convicted and sentenced to serve 4 years and 11 months in the penitentiary. Motion for new trial was filed and denied. Defendant appeals. Held:

1. Counsel for defendant invoked the rule of sequestration of witnesses whereupon the prosecuting attorney requested the presence of the prosecutor (county sheriff) to remain in the courtroom and assist him in the presentation of the case. He stated in his place that he needed the prosecutor to assist him and he could not proceed…