GA Code § 17-8-75 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 4 - Conduct and Argument of Counsel|§ 17-8-75. Improper Statements by Counsel

 Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke the counsel and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds; or, in his discretion, he may order a mistrial if the prosecuting attorney is the offender.   (Civil Code 1895, § 4419; Civil Code 1910, § 4957; Code 1933, § 81-1009.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-185.   Law reviews.   - For article, "From O.J. to McVeigh: The Use of Argument in the Opening Statement," see 48 Emory L.J. 107 (1999). For article, "Death Penalty Law," see 53 Mercer L. Rev. 233 (2001). For note, "Argument of Counsel," see 1 Ga. B.J. 44 (1927). For comment on Aycock v. State, 180 Ga. 150, 4 S.E.2d 221 (1939), see 2 Ga. B.J. 69 (1940). For comment on Washington v. State, 80 Ga. App. 415, 56 S.E.2d 119 (1949), see 1 Mercer L. Rev. 320 (1950). For comment on Cornett v. State, 218 Ga. 405, 128 S.E.2d 317 (1962), see 25 Ga. B.J. 448 (1963).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Conduct of Counsel   Requirement that Objection or Motion Be Made   Rebuke of Counsel, Instruction ofJury, or Grant of Motion by Court   Discretion of Court    RESEARCH REFERENCES   C.J.S.   - 88 C.J.S., Trial, § 193 et seq.   ALR.    - Statement by prosecuting attorney in presence of jury implying that defendant had made incriminating statements to him not in evidence, as ground of reversal or new trial, 52 A.L.R. 1022.    Counsel's appeal to racial, religious, social, or political prejudices or prejudice against corporations as ground for a new trial or reversal, 78 A.L.R. 1438.    Prosecuting attorney urging jury against compromising upon verdict carrying a lesser penalty than that incident to offense or degree of offense of which defendant is shown to have been guilty, 95 A.L.R. 566.    Motion for mistrial, or other similar motion, as condition of reviewing improper argument of counsel, 108 A.L.R. 756.    Offering improper evidence, or asking improper question, as ground for new trial or reversal, 109 A.L.R. 1089.    Comments by prosecuting attorney regarding jury's right or privilege to recommend or fix punishment, 120 A.L.R. 502.    Statements, comments, or conduct of court or counsel regarding perjury, as ground for new trial or reversal in civil action or criminal prosecution other than for perjury, 127 A.L.R. 1385.   Prejudicial effect of argument or remark that adversary was attempting to suppress facts, 29 A.L.R.2d 996.   Prejudicial effect of admission of evidence as to communist or other subversive affiliation or association of accused, 30 A.L.R.2d 589.   Prejudicial effect of trial court's denial, or equivalent, of counsel's right to argue case, 38 A.L.R.2d 1396.   Prejudicial effect of prosecuting attorney's misconduct in physically exhibiting to jury objects or items not introduced as evidence, 46 A.L.R.2d 1423.   Prejudicial effect of prosecuting attorney's remarks, in opening statement to jury, that another defendant has been convicted or has pleaded guilty, 48 A.L.R.2d 1004.   Prejudicial effect of counsel's addressing individually or by name particular juror during argument, 55 A.L.R.2d 1198.   Remarks or acts of trial judge criticizing, rebuking, or punishing defense counsel in criminal case, as requiring new trial or reversal, 62 A.L.R.2d 166.   Prejudicial effect of prosecutor's comment on character or reputation of accused, where accused has presented character witnesses, 70 A.L.R.2d 559.   Prejudicial effect of prosecuting attorney's argument to jury that people of city, county, or community want or expect a conviction, 85 A.L.R.2d 1132.   Propriety and effect of attack on opposing counsel during trial of a criminal case, 99 A.L.R.2d 508.   Comment or argument by court or counsel that prosecution evidence is uncontradicted as amounting to improper reference to accused's failure to testify, 14 A.L.R.3d 723.   Prejudicial effect of statement of prosecutor as to possibility of pardon or parole, 16 A.L.R.3d 1137.   Counsel's reference in criminal case to wealth, poverty, or financial status of defendant or victim as ground for mistrial, new trial, or reversal, 36 A.L.R.3d 839.   Propriety and prejudicial effect, in criminal case, of placing jury in charge of officer who is a witness in the case, 38 A.L.R.3d 1012.   Propriety and prejudicial effect of prosecutor's remarks as to victim's age, family circumstances, or the like, 50 A.L.R.3d 8.   Propriety and prejudicial effect of prosecutor's argument to jury indicating his belief or knowledge as to guilt of accused - modern state cases, 88 A.L.R.3d 449.   Propriety and prejudicial effect of prosecutor's argument giving jury impression that defense counsel believes accused guilty, 89 A.L.R.3d 263.   Propriety and prejudicial effect of prosecutor's argument to jury indicating that he has additional evidence of defendant's guilt which he did not deem necessary to present, 90 A.L.R.3d 646.   Propriety and prejudicial effect of prosecutor's argument giving jury impression that judge believes defendant guilty, 90 A.L.R.3d 822.   Double jeopardy as bar to retrial after grant of defendant's motion of mistrial, 98 A.L.R.3d 997.   Prosecutor's reference in opening statement to matters not provable or which he does not attempt to prove as ground for relief, 16 A.L.R.4th 810.   Propriety of attorney's communication with jurors after trial, 19 A.L.R.4th 1209.   Failure to object to improper questions or comments as to defendant's pretrial silence or failure to testify as constituting waiver of right to complain of error - modern cases, 32 A.L.R.4th 774.   Communication between court officials or attendants and jurors in criminal trial as ground for mistrial or reversal - post-Parker cases, 35 A.L.R.4th 890.   Postretirement out-of-court communications between jurors and trial judge as grounds for new trial or reversal in criminal case, 43 A.L.R.4th 410.   Propriety and prejudicial effect of comments by counsel vouching for credibility of witness - state cases, 45 A.L.R.4th 602.   Prosecutor's appeal in criminal case to self-interest or prejudice of jurors as taxpayers as ground for reversal, new trial, or mistrial, 60 A.L.R.4th 1063.   Prosecutor's appeal in criminal case to racial, national, or religious prejudice as ground for mistrial, new trial, reversal, or vacation of sentence - modern cases, 70 A.L.R.4th 664.   Negative characterization or description of defendant, by prosecutor during summation of criminal trial, as ground for reversal, new trial, or mistrial - modern cases, 88 A.L.R.4th 8.   Propriety and prejudicial effect of counsel's negative characterization or description of witness during summation of criminal trial - modern cases, 88 A.L.R.4th 209.   Prejudicial effect, in civil case, of communications between court officials or attendants and jurors, 31 A.L.R.5th 572.