Whidby v. State

94 S.E. 61, 21 Ga. App. 146, 1917 Ga. App. LEXIS 480

Opinion

Bloodworth, J.

1. “A motion for a mistrial was not the appropriate remedy when, upon a x>oll of the jury, the party against whom the verdict was rendered contended that it appeared from the answers of one of the jurors that it was not his verdict.” Macon Railway &c. Co. v. Barnes, 121 Ca. 444 (49 S. E. 282).

2. The court did not err in refusing to sanction the certiorari.

Judgment affirmed.

Broyles, P. J., and Harwell, J., concur.