Smalls v. State

Benham, Judge.

This appeal is from appellant’s conviction of burglary. We affirm.

1. Appellant’s first enumeration of error complains of the denial of a motion for mistrial made during voir dire. This enumeration of error is without merit for two reasons.

First, the motion for mistrial was premature. “ ‘The time for making a motion for mistrial is not ripe until the case has begun, and the trial does not begin until the jury has been impaneled and sworn . . . Since the motion for mistrial was made before the jury was impaneled and sworn, the trial court did not err in overruling it.’ [Cit.]”…