
    9070.
    Whidby v. The State.
    Decided October 31, 1917.
    Petition for certiorari; from Jones superior court — Judge Park. May 15, 1917.
    
      J. A. Henderson, for plaintiff in error.
    
      Doyle Campbell, solicitor-general, contra.
   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.  