Opinion
67733.
DECIDED APRIL 19, 1984.
Burglary. Fulton Superior Court. Before Judge Etheridge.
Michael H. Lane, for appellant.
Lewis R. Slaton, District Attorney, Richard E. Hicks, Robert A. Weathers, Joseph J. Drolet, Assistant District Attorneys, for appellee.
Robert Lewis Tinch brings this out-of-time appeal from his conviction of burglary. His sole enumeration of error challenges the trial court's denial of his motion for mistrial "based upon testimony implying a prior criminal association between appellant and codefendant [Bernard] Language and impermissibly placing appellant's character in issue."
The testimony complained of, given by a police officer on direct examination by the state, was that the officer had seen appellant and codefendant Language together before. Following appellant's motion for mistrial, all parties stipulated that appellant and Language had "known and associated with each other since 1963." Even though the statement complained of was made by a police officer, it falls far short of placing appellant's character in issue. See, e.g., Williams v. State, 242 Ga. 757 (2) ( 251 S.E.2d 254) (1978), and cits.; Chaney v. State, 169 Ga. App. 616 (2) ( 314 S.E.2d 457) (1984); Delvers v. State, 139 Ga. App. 119 (1) ( 227 S.E.2d 844) (1976). Furthermore, the admission of the statement, even if erroneous, was harmless in light of appellant's stipulation. See Coley v. State, 135 Ga. App. 810 (1) ( 219 S.E.2d 35) (1975); Vinson v. State, 45 Ga. App. 219 (1) ( 164 S.E. 208) (1932). See also Snell v. State, 158 Ga. App. 860 (2) ( 282 S.E.2d 408) (1981). Therefore, the trial court did not err in denying appellant's motion for mistrial.
Judgment affirmed. Banke, P. J., and Benham, J., concur.