Gilbert v. State

Nichols, Presiding Judge.

The first enumeration of error complains that the trial court erred in refusing to exclude the jury so that counsel for the defendant could make a motion for mistrial in the absence of the jury. Assuming without deciding that proper practice requires that the trial court exclude the jury whenever counsel desires to make a motion for mistrial, yet in the absence of a showing that the appellant had a good ground for a mistrial the refusal to exclude the jury would not be harmful error. The appellant in the case sub judice does not show, either in his brief or…