Cargill v. State

1. There being no evidence that the person shot made any assault upon the person shooting, it was not error, in the trial of the latter for assault with intent to murder, to repel evidence of uncommunicated threats against the accused, made by the other party prior to the difficulty. McKinney v. Garmack, 119 Ga. 467 (46 S. E. 719); Rouse v. State, 135 Ga. 227 (69 S. E. 180).

2. Before a mistrial will be ordered after evidence has been introduced, on the ground that two of the jurors were members of the grand jury which found the indictment, it must appear that the accused and his counsel could…