429 S.E.2d 684 | Ga. Ct. App. | 1993
Appellant was convicted in a jury trial of enticing a child for indecent purposes, rape, incest, cruelty to children and two counts of child molestation. He appeals from the denial of his motion for new trial, raising as his sole enumeration of error the trial court’s denial of his motion for a mistrial.
Prior to the trial, appellant was suffering from a hernia which caused portions of his intestines to protrude through his groin area. To prevent the protrusion, which was visible through his pants, appellant would hold his groin area in his hand and attempt to push the bulging area back into place. Appellant moved for a continuance to
“ Tf a motion for a mistrial is overruled but corrective instructions are given by the court and thereafter counsel fails to request further instructions or [fails to renew] his motion for a mistrial, the overruling of the motion is not regarded as error. (Cits.)’ [Cit.]” Fulbright v. State, 194 Ga. App. 827, 828 (2) (392 SE2d 298) (1990). Appellant’s counsel’s remarks prior to the curative instructions did not preserve this issue for review on appeal; therefore, any error in failing to grant a mistrial was cured by the trial court’s instructions. Quick v. State, 198 Ga. App. 353 (1) (401 SE2d 758) (1991).
Judgment affirmed.