GA 17-8-75 - GA 17-8-75

Rebuke of Counsel, Instruction of Jury, or Grant of Motion by Court Duty of judge to prevent improper argument generally. - It is only when prejudicial matters which are not in evidence are stated in the argument that it becomes the duty of the court to interpose and prevent, or to hear objections and rebuke counsel, or to instruct the jury, or to declare a mistrial. Hicks v. State, 196 Ga. 671 , 27 S.E.2d 307 (1943). This section forbids improper arguments and imposes a duty upon the trial judge to interpose and prevent such arguments. Morris v. State, 200 Ga. 471 , 37 S.E.2d 345 (1946). It is the duty of the court, with or without objection, to interpose, prevent, and rebuke improper argument, and to endeavor by proper instructions to remove from the minds of the jury improper i...