Schwall v. Quitman Oil Co., 94 S.E. 648 (Ga. Ct. App. 1917). · Go Syfert
Schwall v. Quitman Oil Co., 94 S.E. 648 (Ga. Ct. App. 1917). Cases Citing This Book View Copy Cite
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Schwall
v.
Quitman Oil Company
8629.
Court of Appeals of Georgia.
Dec 12, 1917.
Published opinion
94 S.E. 648
1917 Ga. App. LEXIS 601
J. B. Williamson, J. II. Tipton, for plaintiffs in error., Fulwood & Hargrett, contra.
Bloodworth.
Cited by 4 opinions  |  Published
BloodwortH, J.

1. When read in the light of the entire charge and considered in connection with the evidence, there was no error harmful to the defendant in the excerpts from the charge of which complaint is made.'

2. Where remarks are made in the hearing of the jurors by the judge during the trial of the case, which counsel insists were of such a character as to prejudice the minds of the jurors hearing them against the cause of their client, a motion should be made to have a mistrial declared, and upon the judge’s refusal to grant such a motion his ruling would be subject to review. Counsel, having failed to make such motion and having proceeded without objection with the trial, can not after verdict raise the question as to the prejudicial nature of the remarks complained of in the motion for a new trial. Rogers v. State, 18 Ga. App. 332 (90 S. E. 356); Perdue v. State, 135 Ga. 277 (69 S. E. 184); Stapleton v. State, 19 Ga. App. 36 (13) (90 S. E. 1029); Wilcox v. State, 19 Ga. App. 83 (4) (90 S. E. 1032).

3. There was evidence sufficient to. support the verdict, and the court did not err in refusing a new trial.

Judgment affirmed.

Complaint; from Worth superior court — Judge Cox. December 9, 1916. J. B. Williamson, J. II. Tipton, for plaintiffs in error. Fulwood & Hargrett, contra.