Court of Appeals of Georgia July 11, 1949, 32550. (Smith v. State)

Townsend, J.

(After stating the foregoing facts.) Special ground 5 of the amended motion for a new trial contends that the trial court erred in making a prejudicial and improper remark in the presence of the jury during the progress of the trial. The remark grew out of a colloquy between counsel for the defendant and the court over the admissibility of certain evidence.