We must therefore presume the trial court acted properly. See Strickland v. State, 211 Ga. App. 48, 49 (2) ( 438 S.E.2d 161) (1993). Moreover, the court's charge instructed the jury that arguments of counsel were not evidence, and that it was up to the jury to decide which witnesses to believe or disbelieve. Whether a mistrial is necessary to protect the defendant's right to a fair trial is a decision largely within the discretion of the trial court.
1. Strickland enumerates as error the failure of the trial court to direct a verdict in her favor on Count 2 of the indictment. The facts of the case are set forth in her husband's earlier appeal. Strickland v. State, 211 Ga. App. 48 ( 438 S.E.2d 161) (1993). With respect to Strickland, the evidence at trial showed she had been appointed the guardian of the child.