Livingston v. State

Beasley, Judge.

Defendant appeals his conviction under a multi-count indictment of burglary (OCGA § 16-7-1), possession of a firearm during the commission of the felony of burglary (OCGA § 16-11-106 (b) (2)), and possession of a knife more than three inches long during the commission of the felony of burglary (OCGA § 16-11-106 (b) (2)). He enumerates as error the refusal to grant his motion for mistrial after improper argument by the State and the conviction based on insufficient evidence.

1. Defendant’s sister was charged with him, but they were tried separately. During argument to the jury,…