dissenting.
I beg to differ with the majority regarding only Division 3. The district attorney’s argument clearly sought to have the jury believe that defendant had been at the Rangers’ trailer for an illegal purpose on some previous occasion but “they were caught this time. . . .” There was no evidence to support such prejudicial remarks. The sister testified that she had reported earlier burglaries or break-ins and that she had seen “a new LTD” on the premises around the time a lawnmower was taken, but she did not know what model her brother’s light blue Ford was, nor did she make any connection whatsoever between the defendant and the earlier criminal activities. Although defendant testified on direct examination that he had lived in the neighborhood and that he had been over to the trailer a couple of times when the Rangers were at home, he said he had never been there when they were gone. With this, there was not even a scant basis for the argument, and the court’s oblique statement did not erase it. I fail to see that this squares with Bethea v. State, 149 Ga. App. 312 (2) (254 SE2d 468) (1979) and Smith v. State, 118 Ga. App. 464 (1) (164 SE2d 238) (1968).
I am authorized to state that Judge Carley joins in this dissent.