In appealing the trial court’s judgment entered on a verdict finding appellant guilty of theft by taking, appellant enumerates only the failure of the trial court to grant a mistrial. The basis of appellant’s motion for mistrial was allegedly improper remarks by the solicitor in his closing argument. According to appellant — there being no transcript of the argument — the solicitor stated "I believe he was there snatching pocketbooks.”
Since the record contains neither a transcript of the argument nor a stipulation as to the exact comments of the solicitor, it is not clear that this enumeration is subject to our review. See
Montgomery v. State,
Furthermore, upon appellant’s moving for a mistrial, the trial court immediately instructed the jury that it should disregard any expressions of opinion by the solicitor. "Whether to grant a mistrial after taking precautionary measures is within the court’s discretion. Code Ann. § 81-1009.
McCorquodale v. State,
Judgment affirmed.
