
    6365.
    McKay v. The State.
    Decided October 29, 1915.
    Accusation for misdemeanor; from city court of Macon — Judge Hodges. January 9, 1915.
    
      W. A. McClellan, for plaintiff in error.
    
      John P. Ross, solicitor-general, contra.
   Russell, C. J.

In view of the qualifying note of the trial judge, there was no error in refusing to declare a mistrial. Considering the record as a whole, especially in view of the eonelusiveness of the testimony as to the sale of intoxicants by the accused, there was no error of such materiality as to have required the grant of a new trial.

Judgment affirmed.  