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Lawskills.com Georgia Caselaw
BURTON v. THE STATE.
40102.
JORDAN, Judge.
Abandonment. Sandersville City Court. Before Judge Evans.
The defendant was convicted in the City Court of Sandersville of the offense of abandonment. His amended motion for new trial was denied, and the exception is to that judgment. Held:
2. The refusal to declare a mistrial because of a voluntary statement made by a witness for the State on direct examination, which statement was not responsive to the question propounded by the solicitor, was not error, as contended in special ground 2, where the statement was promptly excluded and the jury instructed to disregard it. Callahan v. State, 209 Ga. 211 (1) (71 SE2d 86); Carrigan v. State, 206 Ga. 707 (3) (58 SE2d 407); Burns v. State, 191 Ga. 60 (9) (11 SE2d 350); Holley v. State, 191 Ga. 804 (4) (14 SE2d 103); Thompson v. State, 58 Ga. App. 593 (1) (199 SE 568); Flournoy v. State, 82 Ga. App. 518 (1) (61 SE2d 556).
3. The general grounds have been abandoned.
Thomas A. Hutcheson, Solicitor, contra.
Casey Thigpen, for plaintiff in error.
DECIDED MAY 16, 1963.
Friday May 22 22:08 EDT


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