Barnes v. State

Nichols, Presiding Judge.

Where a motion for mistrial is made and the trial court instructs the jury to disregard the statement which brought about the motion to dismiss, to dismiss it from their minds and forget all about it, if counsel was dissatisfied with such action of the trial judge he should have renewed his motion, and his failure to do so authorized the trial court to conclude that he was satisfied with the action taken. Under such circumstances no error is shown by a ground of a motion for new trial complaining of the failure to grant the motion for mistrial. See Purcell v. Hill,…