Josey v. State

As a new trial must be granted to the defendant on account of the error committed in denying his motion for a mistrial, and as the evidence upon a new trial may be different from that on the present trial', this court will not express any opinion as to the facts.

In special grounds 1 and 2 of the motion for new trial, the defendant complains of the refusal of the trial judge to declare a mistrial, upon motion timely made by his counsel, because of certain voluntary statements made by the prosecuting witness, Willie Washington, as to the fact that the defendant was not married and was…