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KYLER v. STATE

No. S98A1329.

508 S.E.2d 152 (1998)

270 Ga. 81

KYLER v. STATE.

Supreme Court of Georgia.

October 26, 1998.

Attorney(s) appearing for the Case

E. Ronald Garnett, Augusta, for Earnest Kyler, Sr.

Daniel J. Craig, Dist. Atty., Augusta, Thurbert E. Baker, Atty. Gen., Elizabeth Lewis Jaeger, Asst. Atty. Gen., Department of Law, Atlanta, for the State.

SEARS, Justice.

Appellant Earnest Kyler appeals his murder conviction and resulting sentence of life imprisonment.1 Having reviewed the record, we conclude that while portions of the District Attorney's opening statement were improper, Kyler's failure to seek either a curative instruction or the declaration of a mistrial renders harmless any error in allowing the statement. Furthermore, while...

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