Summary
Judgment affirmed. Shulman and Banke, JJ., concur.
Summary
Judgment affirmed. Shulman and Banke, JJ., concur.
Text
Nat Hancock, District Attorney, Richard J. Burkett, Assistant District Attorney, for appellee.Thomas M. Spence, for appellants.
The defendants appeal their conviction for armed robbery and automobile theft. Held:
2. It was not error to appoint one attorney to defend both defendants nor was it error to overrule the motions for severance. Davis v. State,
3. The trial judge, after charging the jury, remarked: "Thank you. All right. You may retire, and the quicker you get through the quicker we'll all go home." This is contended to be an unlawful expression of opinion in violation of Code 81-1104.
We find the remark was indeed improper, although not necessarily a violation of the cited Code section. Nevertheless, the rule is that no question in this regard may be raised unless a timely objection or motion for mistrial is interposed, invoking a ruling in the lower court. Pulliam v. State,
4. The remaining enumerations of error are without merit.
1977
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This document cites
- Supreme Court of Georgia - PADGETT et al. v. THE STATE., 239 Ga. 556, 238 S.E.2.d 92 (1977)
- Supreme Court of Georgia - CALHOUN v. THE STATE., 210 Ga. 180, 78 S.E.2.d 425 (1953)
- Georgia Court Of Appeals - Wood v. The State., 129 Ga. App. 796, 201 S.E.2d 345 (1973)
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