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GILES v. THE STATE.
HOWARD v. THE STATE.
54261.
54262.
BANKE, Judge.
Burglary. Fulton Superior Court. Before Judge Fryer.
The appellants were each found guilty of burglary and sentenced to 10 years' imprisonment. They appeal the denial of their motions for new trial.
1. The trial judge did not err in failing to give the appellants' requested charge on reasonable doubt. The charge given was a full and correct statement of the law on this principle. See McClendon v. State, 231 Ga. 47, 48 (4) (199 SE2d 904) (1973); Young v. State, 226 Ga. 553 (5) (176 SE2d 52) (1970); Hardwick v. Price, 114 Ga. App. 817 (3) (152 SE2d 905) (1966).
2. The trial judge did not err in refusing to grant a mistrial because of an interruption of the defense counsel's closing argument by the assistant district attorney. The objection was to an alleged misstatement of the evidence, which is a proper ground for objection during closing argument. Code 24-3322 (Rule 22); Long v. State, 12 Ga. 293, 330 (20) (1852).
Lewis R. Slaton, District Attorney, Joseph J. Drolet, R. David Petersen, Assistant District Attorneys, for appellee.
Robert C. Ray, for Howard.
John Thomas Chason, for Giles.
SUBMITTED SEPTEMBER 14, 1977 -- DECIDED OCTOBER 4, 1977.
Saturday November 22 10:19 CST


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