Kimbrel v. State

1. “In order for the exclusion of oral testimony to be considered as a ground for a new trial, it must appear that a pertinent question was asked, and that the court ruled out the answer; and that a statement was made to the court at the time, showing what the answer would be; and that such testimony was material, and would have benefited the complaining party.” Griffin v. Henderson, 117 Ga. 382 (2) (43 S. E. 712). “The amendment to the motion for a new trial complains solely of 'the exclusion of certain evidence, but it is not shown therein that this evidence was offered by the plaintiff in…