Opinion
55818.
SUBMITTED MAY 15, 1978.
DECIDED JUNE 15, 1978.
Armed robbery. Richmond Superior Court. Before Judge Fulcher.
Leonard M. Tuggle, for appellant.
Johnny E. Truitt, pro se. Richard E. Allen, district Attorney, Steven L. Beard, Assistant District Attorney, for appellee.
Defendant appeals from his conviction of two counts of armed robbery. Held:
The district attorney on cross examination asked the defendant, "Isn't it true that you are being held on a crime so vicious that perjury would be pale beside it?" Immediately thereafter, the court sua sponte reprimanded the prosecutor and instructed the jury to disregard the question. Defendant neither objected nor made any motion at that time. On appeal, defendant asserts for the first time that the court should have declared a mistrial. As defendant failed to object at trial, any alleged error was waived. Smith v. State, 142 Ga. App. 406 ( 236 S.E.2d 107). Further, the trial judge took the necessary purgative action by means of a thorough instruction to the jury and rebuke to the prosecutor. Thus the improper question was cured by the court's corrective action. Benefield v. State, 140 Ga. App. 727 ( 232 S.E.2d 89).
Judgment affirmed. Shulman and Birdsong, JJ., concur.