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EVERETT v. THE STATE.

BANKE, Judge.

The defendant appeals his conviction on two counts of kidnapping. His sole enumeration of error concerns the trial court's failure to declare a mistrial when the state's attorney sought to question him concerning his testimony in Recorder's Court during a bail proceeding. The trial court rebuked the state's attorney and instructed the jury to disregard the question. Held:

"The extent of a rebuke and curative instruction is within the discretion of the trial court. Benefield v. State, 140 Ga. App. 727 (3) ( 232 S.E.2d 89). In view of the immediate and thorough corrective action of the court in the instant case, we cannot say that the court's refusal to grant a mistrial constituted an abuse of discretion. See Johnson v. State, 143 Ga. App. 169 (3) ( 237 S.E.2d 681). See also Campbell v. State, 143 Ga. App. 445 (2) ( 238 S.E.2d 576)." Smith v. State, 154 Ga. App. 258 (4) ( 267 S.E.2d 863) (1980).

Judgment affirmed. Deen, P. J., and Carley, J., concur.

DECIDED JANUARY 5, 1982.
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EVERETT v. STATE
(Jan 5, 1982)