Wheeless v. State
Supreme Court of Georgia
Indictment for simple larceny. Before Judge Guerry. Oglethorpe superior court. October term, 1892. Wheeless was convicted of stealing, a mule, and his motion for a new trial was overruled.
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Indictment for simple larceny. Before Judge Guerry. Oglethorpe superior court. October term, 1892. Wheeless was convicted of stealing, a mule, and his motion for a new trial was overruled. The motion alleges, in addition to the general grounds, that the solicitor-general said, in the presence of the jury, to a witness on the stand, that it might have been a lesson in the right direction in his little son’s education, had he come with him and witnessed the trial and consequences of this case. The court’s attention was called to this remark, and he reproved the solicitor-general, who apologized…
1Opinion of the Court
Bleckley, Chief Justice.
1. For his first impropriety the solicitor-general wan improved by the court, and he made a prompt and public apology. In all probability- this counteracted and corrected any effect harmful to the accused which that impropriety was calculated to produce on the jury. His second impropriety was passed sub silentia until the trial was over. The wait was too long. Nobody complained, the court’s attention was not called to it, no ruling upon it was requested or made. The solicitor-general erred, but we cannot say the court did,—at all events, not to such extent as to be…
2Cited by9 opinions
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- Wyatt v. StateSupreme Court of Georgia · 1950
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- Fort v. StateCourt of Appeals of Georgia · 1924
- Carter v. StateCourt of Appeals of Georgia · 1944
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