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Lawskills.com Georgia Caselaw
McCANN v. THE STATE.
40307.
NICHOLS, Presiding Judge.
Driving U. I. Athens City Court. Before Judge Oldham.
1. The Act of 1962 (Ga. L. 1962, p. 133; Code Ann. 38-415), expressly provides that no comment shall be made because of the failure of a defendant to testify under oath (see Carter v. State, 107 Ga. App. 571, 130 SE2d 806), and such prohibition applies equally to the court as to the solicitor. Accordingly, the trial court erred in overruling the defendant's amended motion for new trial which assigned error on such excerpt from the charge.
2. Inasmuch as the case must be again tried and the evidence may not be the same on another trial, the usual general grounds of the motion for new trial are not passed upon.
Preston M. Almand, Solicitor, contra.
Guy B. Scott, Jr., for plaintiff in error.
DECIDED SEPTEMBER 16, 1963.
Friday May 22 22:25 EDT


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