Callahan v. State

Almand, Justice.

1. The court did not err in refusing to declare a mistrial, as complained of in special ground 1 of the motion for a new trial, because a witness for the State on direct examination stated that the defendant on trial and another person had been imprisoned, which answer was not in response to any question, where the statement was promptly excluded and the jury were instructed to disregard it. Worthy v. State, 184 Ga. 402 (3) (191 S. E. 457); Stanford v. State, 201 Ga. 173 (2) (38 S. E. 2d, 823); Brown v. State, 203 Ga. 218 (3) (46 S. E. 2d, 160).

2. It is not error to refuse to…