Page v. State

Deen, Judge.

1. While it may be error to refuse on motion to delete from the pleadings taken into the jury room a notation of the verdict (in this case, mistrial) on the former trial of the case, in which connection see 120 ALR Anno., pp. 460, 467, the rule generally is that “if defendant’s counsel wish such verdicts concealed from the jury, a request to this effect should be made at the proper time before the jury retire to their room.” Hudson v. Hudson, 90 Ga. 581 (7) (16 SE 349).

Submitted November 3, 1969 Decided November 24, 1969. Smith, Gardner, Wiggins, Geer & Brimberry, M. M. Wiggins,…