Shelton v. State

Quillian, Justice.

The Court of Appeals has certified to this court a question of law as follows: “Where the trial court, at the request of the defendant, has invoked the rule of sequestration of witnesses and required that all witnesses be examined out of the hearing of each other (Code § 38-1703), and the defendant thereafter seeks to call as a witness a person who has remained in the courtroom as a spectator, is the testimony of such witness admissible over the objection of the State?”

The question is answered in the affirmative. Rooks v. State, 65 Ga. 330; Lassiter v. State, 67 Ga. 739; May…