Gore v. State

Russell, Judge.

1. The discretion of the trial court in a criminal case in refusing to declare a mistrial because of remarks by counsel contended to be prejudicial will not be interfered with where it does not appear that the grant of the mistrial *345was necessary in order to preserve the defendant’s right to a fair trial. Worthy v. State, 184 Ga. 402 (191 SE 457); Osteen v. State, 83 Ga. App. 346 (63 SE2d 416). Where the remark is improper, a mistrial may be the only method of destroying its prejudicial effect, or the court may take milder action, such as rebuking counsel and cautioning the jury…