Key v. THE STATE

Duckworth, Chief Justice.

Fred M. Key was indicted, tried, and convicted in Cobb Superior Court of murder, but received a recommendation of mercy by the jury. His amended motion for new trial was denied, and he excepts. Held:

1. Special ground 1 of the amended motion for new trial complains of the court’s refusal to grant a mistrial because of a statement • made by the solicitor-general in hearing of the jury, which was in effect that, the accused having shot the deceased, the lack of medical care would not be material, if he was the sole and proximate cause of the injury his wrongful act is…