concurring specially.
I concur in the letter and the spirit of the majority opinion by Judge Beasley and the special concurrence of Presiding Judge Deen, and I specially concur to illuminate the reasoning which undergirds the majority opinion and to distinguish the ruling in Hoxie v. State, 114 Ga. 19 (3) (39 SE 944) (1901), upon which the dissent relies.
The issues of inflammatory remarks and ineffective assistance of counsel are so closely interwoven in the case before us that they can be discussed as one, and in view of the excellent treatment of the facts by the majority opinion, a rehashing of them would be tautological except as they bear on matters addressed in this special concurrence.
This case contains some horrendously reprehensible racial epithets, and while this court frowns on the use of words of such a provocative and insulting nature, no genteel reference can be made to them in this opinion without destroying the impact of the case. Therefore, we mention these words only to underscore their reprehensibility.
During the trial, the word “nigger” was used six times, the word “sons-of-bitches” twice, and the word “bastards” once. These words take on special meaning and significance when viewed in light of the prosecution’s presentation of the case, which concerned a charge of interracial rape wherein, during the course of the offenses, it is alleged that the two black defendants said that they hated white people.
The dissent, in relying on Hoxie v. State, supra, and Sanford v. State, 153 Ga. App. 541, 542 (265 SE2d 868) (1980), contends that while racial slurs are disfavored, it was “highly probable” that the language did not contribute to the verdict of guilty and that a new trial would be unwarranted. The dissent fails to correctly apply the explicit language of Hoxie v. State, at Hn. 3: “The use of unfair or improper language by an attorney in arguing a case will not be held cause for a new trial when it is certain that no injury could possibly have resulted therefrom to the losing party.” It cannot be said with certainty that this language did not injure the defendants.
It defies reason to say that repeated racial slurs of such reprehensible magnitude in an interracial rape trial of this nature do not impact adversely on the jury. The United States Supreme Court, as early as Battle v. United States, 209 U. S. 36 (28 SC 422, 52 LE 670) (1908), condemned appeals to racial prejudice; and as recently as Brown v. State, 110 Ga. App. 401, 406 (138 SE2d 741) (1964), this court, in commenting on the right to a fair trial, stated: “ ‘The Constitution guarantees to every defendant a fair and impartial trial. Every litigant is entitled to the same right, and he does not get it where any influence except the law and the evidence is allowed to affect the minds of the jury.’ ” Language such as we have here constitutes a can*287cerous growth on the legal process, and it must be exposed and excised before it metastasizes and destroys the viability of American jurisprudence.
While we as a body might disagree as to the effect of the language in this case, the abhorrence of such racial slurs is unanimously condemned which is clearly evident by the language of the dissent which states that “[we] as much as the majority find the language to be morally as well as legally reprehensible.”
Our repulsion here is anchored not only in precedent, but also in universal principles of common decency and fair play. The appellate courts of this State in fulfilling their obligation to provide guidance and direction to the bench and bar must look beyond the isolated incidents and focus on the need for creating an atmosphere conducive to a fair trial.
While I do not say that in every instance where racial slurs are introduced, the trial court must interpose an objection if none is made and admonish the offending party; I do say that when such comments have the potential for infecting the trial process, such a step must be taken. It makes no difference whether racial slurs are used as a prosecutorial ploy or a defense tactic; the venom is no less potent in poisoning the legal process, and such tactics must be openly and forthrightly condemned.
For the reasons mentioned above, in addition to those expressed in the majority opinion, I concur.
I am authorized to state that Presiding Judge Deen joins in this special concurrence.