145 Ga. App. 804 | Ga. Ct. App. | 1978
Burke was convicted, by a jury, of armed robbery. He appeals, enumerating as error the overruling by the trial court of an objection and a motion for mistrial following certain statements made by the prosecutor during closing argument. Held:
The transcript reveals that proper curative instructions were given by the trial court following both of the allegedly improper remarks. "The extent of a rebuke and instruction is within the discretion of the court, and when, as here, the improper remark is cured by timely corrective action calculated to preserve the defendant’s right to a fair trial, then we cannot say that the court abused its discretion in refusing to grant a mistrial. [Cits.]” Benefield v. State, 140 Ga. App. 727,730 (232 SE2d 89). These enumerations of error are without merit.
Judgment affirmed.
