Blackburn, P. J., and Adams, J., concur. See Keith v. State, 279 Ga. App. 819, 824 (5) ( 632 SE2d 669) (2006) ("A motion for mistrial which is not made at the time the questions objected to are answered is not timely and will be considered as waived because of the delay in making it.") (punctuation omitted); Turbeville v. State, 268 Ga. App. 88, 91 (3) ( 601 SE2d 461) (2004). (Punctuation omitted.)
Turbeville v. State.Turbeville v. State, 268 Ga. App. 88, 94 (7) ( 601 SE2d 461) (2004). By the time that the jury heard the above exchange, the State had already presented competent evidence of Swint masturbating in public on four separate occasions, attempting to rape Hiner, and raping Ayers. Noting the prior evidence, the trial court determined that a mistrial was not warranted and gave a curative instruction to the jury.
While Rendon-Villasana asserts that his DNA was likely transferred to K. H. during dancing and consentual fondling, we do not weigh the evidence nor do we decide witness credibility. Turbeville v. State , 268 Ga. App. 88, 88, 601 S.E.2d 461 (2004). "So long as there is some competent evidence to support each fact necessary to make out the State's case, even if contradicted, the jury's verdict will be upheld."
In two similar but separately enumerated claims of error challenging the sufficiency of the evidence "to prove the offense of aggravated assault as it was alleged in the indictment," Maxwell contends that: (1) "[t]he State failed to show that hands were used to apply pressure to the throat which impeded normal breathing or circulation of blood"; and (2) "[t]here was a fatal variance between the manner in which the indictment averred an aggravated assault and the evidence at trial." Viewed in the light most favorable to support the verdict, Turbeville v. State , 268 Ga. App. 88, 601 S.E.2d 461 (2004), the evidence introduced at trial included the following. On March 12, 2015, a police officer responded to a 911 call regarding a domestic disturbance in an apartment.