Jones v. State

Hall, Presiding Judge.

Defendant appeals from his conviction for voluntary manslaughter and the denial of his motion for a new trial on the sole ground that in his closing argument the district attorney said, "You have a choice between believing the ' sworn testimony of the State’s witnesses or the statement of the defendant.” Defendant contends this is "comment” prohibited by Code Ann. § 38-415 since it draws a comparison between the sworn and unsworn testimony. He cites Lackey v. State, 116 Ga. App. 789 (159 SE2d 188); Carter v. State, 107 Ga. App. 571 (130 SE2d 806); and McCann v. State,…