Barreto v. State

I concur in the judgment of affirmance but not for the reasons stated in the opinion. The majority opinion might be construed to indicate that a motion for a mistrial must be made immediately upon the happening of the occurrence upon which it is based, otherwise waiver would be effective against a later motion. In Hospital Authority of the City of St. Marys v. Eason, 113 Ga. App. 401, cited and relied upon in the opinion, the motion for mistrial was not made until after the court’s charge and after the jury had retired to consider its verdict. In this case the record shows that the motion was *119…