Truitt v. State, 55818
| Decision Date | 15 June 1978 |
| Docket Number | No. 55818,55818 |
| Citation | 146 Ga.App. 231,246 S.E.2d 141 |
| Parties | TRUITT v. The STATE. |
| Court | Georgia Court of Appeals |
Leonard M. Tuggle, Martinez, for appellant.
Johnny E. Truitt, pro se.
Richard E. Allen, Dist. Atty., Steven L. Beard, Asst. Dist. Atty., 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.
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Truitt v. Jones
...two concurrent terms of twenty years incarceration.1 The Georgia Court of Appeals affirmed petitioner's conviction. Truitt v. State, 146 Ga.App. 231, 246 S.E.2d 141 (1978). Petitioner then filed in the Superior Court of Walker County, Georgia, a petition for a writ of habeas corpus. After h......
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Prater v. State
...the trial court's immediate cautionary instructions cured any error and obviated any need for a mistrial. E. g., Truitt v. State, 146 Ga.App. 231, 246 S.E.2d 141 (1978). 4. The charge. "Failure to charge in the exact language requested, where the charge given substantially covered the same ......
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