Shelly v. State

Nichols, Presiding Judge.

The defendant was indicted, tried and convicted of the offense of burglary in the Superior Court of DeKalb County. Thereafter, the defendant’s amended motion for new trial was overruled and error is now assigned on such adverse judgment. Held:

1. The defendant moved for a mistrial before any evidence was introduced because of certain remarks made by the assistant solicitor general during his preliminary statement to the jury as to what he proposed to prove on the trial. The trial court promptly instructed the jury: “Gentlemen of the jury, counsel for both the State and…