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181 Ga. App. 113

351 S.E.2d 517

Morgan v. State

Court of Appeals of Georgia

Decided December 2, 1986

Court of Appeals of Georgia · decided 1986-12-02

Relies on 177 Ga. App. 428 - Kirksey v. State · Welch v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-12-02

How this case has been cited

Cited by 16 later decisions — most recently November 2000

15 state decisions

100198619902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Carley, Judge.

¶1 Appellant and one of two co-indictees were tried before a jury for the commission of an armed robbery. The jury found both appellant and his co-defendant guilty and the trial court entered judgments of conviction and sentences on the jury’s verdicts. Thereafter, separate appeals were filed. The conviction of appellant’s co-defendant was affirmed in Welch v. State, 179 Ga. App. 221 (346 SE2d 4) (1986). In the instant case, appellant appeals from the denial of his motion for new trial.

¶2 1. Appellant enumerates as error the trial court’s denial of a motion for mistrial. However, the denial of a motion for mistrial is not subject to review where, as here, the motion was not renewed following curative instructions. Kirksey v. State, 177 Ga. App. 428, 429 (3) (339 SE2d 401) (1986).

¶3 2. Appellant’s remaining enumerations of error are controlled adversely to his contentions by Divisions 2 and 3 of this court’s opinion in Welch v. State, supra. There was no error.

¶4 Judgment affirmed.

McMurray, P. J., and Pope, J., concur.
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