Defendant was convicted by a jury of obstruction of an officer, OCGA § 16-10-24 (b).
The facts, although not without dispute, showed the following: Sgt. Donald Cox of the Valdosta Police Department testified that on the date in question he had responded to a call to disperse a crowd gathered in the street when he was approached by a woman who requested his assistance in removing her son from her house. Sgt. Cox saw the defendant standing on an apartment balcony with four to five people standing on the ground nearby. Sgt. Cox testified that he climbed up the stairs to the edge of the balcony when the defendant grabbed him with both hands and started screaming, “I’ll kill you, I’ll kill you.” Sgt. Cox said he attempted to get away but that the defendant grabbed him “through [the] crotch, [and] took his other hand and put it on [Sgt. Cox’s] shoulder area” in an apparent attempt to “pick [him] up and push [him] at the same time . . . towards the edge of the balcony.” Sgt. Cox testified that he placed his hand on the balcony and the railing began to crack and break. Another officer interceded, shoving defendant and breaking his hold on Sgt. Cox, who continued struggling with defendant down the length of the balcony; the defendant again attempted to push Sgt. Cox off the balcony. Other law enforcement officers entered the fray and defendant fell sandwiched between two officers and was eventually subdued and hand *565 cuffed.
1. Defendant first contends that the trial court erred in allowing the State to cross-examine his brother concerning an earlier, unrelated altercation involving the defendant and in not giving the jury appropriate limiting instructions as to such testimony. As to this issue, the record shows that the complained of testimony was first elicited during the defendant’s direct examination of the witness, and that the testimony apparently was the result of the witness’ confusion concerning which incident he was being questioned about. No objection or motion to strike was made by defendant at that time. However, when the State sought to cross-examine the witness concerning the earlier incident, the defendant objected and requested an instruction to the jury. The trial court found that “based on the questions, I think there was some confusion about whether or not this happened the same night. The testimony now is that it happened at an earlier time, so I think that clarifies the matter, and I’ll sustain the objection as to any further testimony.” The defendant did not renew his request for curative instructions to the jury, make a motion for mistrial, or in any other manner indicate that he considered the trial court’s statement to be inadequate ameliorative relief.
“Whenever improper conduct allegedly occurs in the presence of the jury, it is necessary in order to make the same a basis for review, that counsel make proper objection to it at the time made or invoke some ruling or instruction from the court and if the court refuses to grant that remedy to the movant, then it is incumbent upon him to ask the court to declare a mistrial. A party cannot during the trial ignore what he thinks to be an injustice, take his chance on a favorable verdict, and complain later.
Edwards v. State,
2. Defendant also contends that the trial court erred in allowing the State to introduce evidence of defendant’s prior convictions for the offenses of burglary, theft by shoplifting and theft by entering an automobile. The record shows that the trial court concluded that such *566 evidence was admissible after defendant, in response to a question propounded on direct examination, testified that “[he] never had any run-in with an officer like this before. This is my first time, you know, ever being charged with something like this. I never had a run in with an officer before like this.”
“ ‘(N)o evidence of a criminal defendant’s general bad character or prior convictions shall be admissible against him at trial unless and until such defendant shall have first put his character in issue. (Cit.) It follows that the State cannot rebut or question the presumption of the defendant’s good character unless the defendant discards the presumption thus afforded and elects to put his actual character in issue by evidence of other witnesses or by his own testimony. (Cit.)’
Phillips v. State,
We likewise decline to find that the evidence presented here was admissible to show the falsity of defendant’s statement. “ Tn [an] impeachment situation, the State may introduce evidence reflecting negatively on the defendant’s character only insofar as that evidence proves the falsity of specific testimony of the defendant.’ [Cit.]”
Porter v. State,
3. Defendant also complains of the trial court’s failure to charge on the lesser included offenses of simple assault and simple battery. “The record does not reflect any request to charge on lesser included offenses presented to the trial court. In the absence of a written request, it is not error for the trial court to fail to charge on a lesser included offense.”
Johnson v. State,
4. Contrary to defendant’s assertion, the evidence was sufficient. See, e.g.,
Gay v. State,
Judgment reversed.