Head v. State

Eberhardt, Judge.

The special grounds of the motion complain of the refusal of the court to exclude two prosecuting police officers, both of the Polk County Police Department, when the defendant invoked the sequestration rule of Code § 38-1703.

The colloquy that appears in the motion for new trial is as follows:

“Court: ‘Do you want the rule?’

“Defense Counsel: ‘Yes, Your Honor, we wish the rule.’

“Court: ‘Do you have any objection to the officers staying in?’

“Defense Counsel: ‘Yes, we object to the officers staying in.’

“Court: ‘They are officers of the court. I will permit them to remain in the…