DECIDED MARCH 12, 1965.
Shooting at another. Fulton Superior Court. Before Judge Alverson.
Guy R. Dunn, for plaintiff in error.
William T. Boyd, Solicitor General, Paul Ginsberg, J. Walter LeCraw, contra.
1. Where a motion for mistrial is made and the trial court instructs the jury to disregard the statement which brought about the motion to dismiss, to dismiss it from their minds and forget all about it, if counsel was dissatisfied with such action of the trial judge he should have renewed his motion, and his failure to do so authorized the trial court to conclude that he was satisfied with the action taken. Under such circumstances no error is shown by a ground of a motion for new trial complaining of the failure to grant the motion for mistrial. See Purcell v. Hill, 111 Ga. App. 256 ( 141 S.E.2d 153), following answer to certified question, 220 Ga. 663 ( 141 S.E.2d 152).
2. A ground of an amendment to a motion for new trial which is not unqualifiedly approved by the trial court cannot be considered by this court. See Gray v. Junction City Mfg. Co., 195 Ga. 33 (1) ( 22 S.E.2d 847); Bedgood v. Rogers, 81 Ga. App. 343 (3) ( 58 S.E.2d 473).
3. The usual general grounds of the motion for new trial have been neither argued nor insisted upon and are treated as abandoned.
Judgment affirmed. Eberhardt and Pannell, JJ., concur.