Opinion
63026.
DECIDED JANUARY 5, 1982.
Kidnapping. Muscogee Superior Court. Before Judge Followill.
H. Haywood Turner III, for appellant.
William J. Smith, District Attorney, for appellee.
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.