Barnes v. State

7 Citing cases

  1. Black v. State

    406 S.E.2d 258 (Ga. Ct. App. 1991)   Cited 2 times

    Defendant unequivocally notified the trial court that he insisted on a mistrial despite the proposed curative instruction, which was given, thus serving the purpose for requiring renewal of the motion, i.e., that the curative instruction was not a satisfactory remedy. See Barnes v. State, 111 Ga. App. 348 (1) ( 141 S.E.2d 785) (1965).

  2. Dix v. State

    267 S.E.2d 293 (Ga. Ct. App. 1980)   Cited 2 times

    See James v. State, 215 Ga. 213, 215 (4) ( 109 S.E.2d 735), and cits. Counsel for the defendant made no request that the court rebuke the assistant district attorney and made no motion for mistrial. There is no merit in this complaint. Lenear v. State, 239 Ga. 617, 620 (12, 13) ( 238 S.E.2d 407); Burgess v. State, 149 Ga. App. 630, 631 (1) ( 255 S.E.2d 100); Mach v. State, 111 Ga. App. 423, 424 (2) ( 142 S.E.2d 87); Barnes v. State, 111 Ga. App. 348 ( 141 S.E.2d 785); Kendrick v. Kendrick, 218 Ga. 460 (4), 462 ( 128 S.E.2d 496). Error is also enumerated that the trial court erred in charging "the jury as to presumptions regarding the defendant's acts and the consequences of those acts.

  3. Geiger v. State

    199 S.E.2d 861 (Ga. Ct. App. 1973)   Cited 36 times

    See Avery v. State, 209 Ga. 116, 128 ( 70 S.E.2d 716); Starr v. State, 209 Ga. 258 (5b) ( 71 S.E.2d 654). Additionally, there was no renewal of the mistrial motion nor were further instructions requested. Gee v. State, 110 Ga. App. 439 (5) ( 138 S.E.2d 700); Barnes v. State, 111 Ga. App. 348 ( 141 S.E.2d 785); Lane v. State, 118 Ga. App. 688 (3) ( 165 S.E.2d 474); Clyatt v. State, 126 Ga. App. 779 (4b) ( 192 S.E.2d 417). Accordingly there is no merit in this enumeration of error. 7. Motions for directed verdicts of acquittal overruled (Enumerations 16, 17, 18, 19, 20, 21 and 22). At the close of the state's evidence defense counsel made motions for directed verdicts of not guilty as to seven of the ten indictments.

  4. Lane v. State

    165 S.E.2d 474 (Ga. Ct. App. 1968)   Cited 15 times

    Gilmore v. State, 117 Ga. App. 67 (2) ( 159 S.E.2d 474); Watts v. State, 117 Ga. App. 558 (1) ( 161 S.E.2d 516); Thomas v. State, 118 Ga. App. 359 ( 163 S.E.2d 850). 3. A ground of enumerated error based on the denial of defendant's motion for mistrial is without merit where the judge instructed the jury not to consider the testimony which brought on the motion and counsel thereafter failed to request further instructions or renew the motion for mistrial. Gee v. State, 110 Ga. App. 439, 442 ( 138 S.E.2d 700); Barnes v. State, 111 Ga. App. 348 (1) ( 141 S.E.2d 785). The rule requiring renewal of a motion for mistrial following corrective instructions to the jury still obtains in the trial of criminal cases though it has been eliminated in civil cases by CPA § 46 (b) (Ga. L. 1966, pp. 609, 655; Code Ann. § 81A-146 (b)). 4. There was no error in refusing to grant a mistrial based on the solicitor's argument to the jury as the remarks objected to were within the bounds of legitimate argument.

  5. Smith v. State

    164 S.E.2d 238 (Ga. Ct. App. 1968)   Cited 9 times

    " by which he was understood to mean pimping for prostitutes. In moving for the mistrial counsel for the defendant made it clear that he considered these remarks could not be cured by the court by merely instructing the jury to disregard them, and Barnes v. State, 111 Ga. App. 348 (1) ( 141 S.E.2d 785) is not applicable. No rebuke was made to counsel, as required by Code § 81-1009. "When the court after objection fails to rebuke counsel and endeavor by needful instructions to remove the prejudicial effect of the remarks from the minds of the jury or to order a mistrial, a new trial is required."

  6. Jackson v. State

    112 Ga. App. 834 (Ga. Ct. App. 1965)   Cited 5 times

    2. Where a motion for mistrial is made because of statements of opposing counsel and the trial judge instructs the jury to disregard the statements of counsel and overrules the motion for mistrial and the motion is not renewed after the court instructed the jury to disregard the statement, the ground is insufficient and presents no question to this court for decision. Cherry v. State, 220 Ga. 695 (5) ( 141 S.E.2d 412); Barnes v. State, 111 Ga. App. 348 (1) ( 141 S.E.2d 785); Fowler v. State, 111 Ga. App. 856 ( 143 S.E.2d 553). 3. Alleged errors in rulings on pleadings are not proper grounds of a motion for new trial.

  7. Fowler v. State

    143 S.E.2d 553 (Ga. Ct. App. 1965)   Cited 7 times

    Purcell v. Hill, 220 Ga. 663 ( 141 S.E.2d 152). Accord, Barnes v. State, 111 Ga. App. 348 (1) ( 141 S.E.2d 785). 2.