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BURKE v. THE STATE.

BIRDSONG, Judge.

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 S.E.2d 89). These enumerations of error are without merit.

Judgment affirmed. Bell, C. J., and Shulman, J., concur.

BIRDSONG, Judge.

SUBMITTED FEBRUARY 27, 1978 — DECIDED APRIL 28, 1978.
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BURKE v. STATE
(Apr 28, 1978)