Owens v. State
Owens v. State
Opinion of the Court
The sole contention of this appeal from a theft-by-taking conviction is that the trial court erred in refusing to grant a mistrial following allegedly improper comments pertaining to the appellant’s silence following his arrest. Finding no error, we affirm.
In both his opening and closing arguments, counsel
There is no question but that evidence as to a defendant’s silence at the time of arrest is inadmissible. Reid v. State, 129 Ga. App. 660 (5) (200 SE2d 456) (1974); Clark v. State, 237 Ga. 901 (230 SE2d 277) (1976). However, to the extent that inadmissible testimony may have been admitted here, the admission was harmless, and the refusal to grant a mistrial was therefore not error. First, the court’s curative instructions diminished the impact of the testimony. Smith v. State, 140 Ga. App. 385, 388 (231 SE2d 83) (1976). Further, the testimony was, in both instances, consistent with and supportive of the position argued by the appellant’s counsel at trial. Overcash v. State, 239 Ga. 499 (238 SE2d 50) (1977); see also Rivers v. State, 147 Ga. App. 19 (1978) on "opening the door” to certain evidence. Moreover, following the appellant’s account and explanation of his silence, no motion for mistrial was made or renewed.
Judgment affirmed.
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