Googer v. State

1. In the special grounds of his motion for a new trial plaintiff in error complains of certain remarks of the judge to counsel, made in ruling as to the admissibility of testimony on the trial, which he insists were of such character as to prejudice the minds of the jurors against his cause, but he made no motion for a mistrial. In Perdue v. State, 135 Ga. 277 (69 S. E. 184), the Supreme Court laid down the following rule: “Where remarks are made by the trial judge to counsel in a criminal case in the hearing of the jurors, which counsel contend were of such a character as to prejudice the…