Hill v. State

I agree with the dissent but there is an additional reason why the court did not err as claimed. Appellant states that the court failed to permit counsel to argue a motion for mistrial outside the hearing of the jury and failed to grant the motion.

Allowing the argument in the presence of the jury is within the discretion of the trial judge and will not be reversed absent abuse. There is no law prohibiting argument on legal questions in the presence of the jury. Thus, allowing the jury to remain while hearing the motion is not reversible in the absence of harm. Rutledge v. Hudson, *51280 Ga. 266 (4)…