Davis v. State

Gunter, Justice.

The appellant was convicted in the trial court of armed robbery and kidnapping. He filed a motion for a new trial, which he amended, and the trial judge overruled the motion as amended and each and every ground thereof.

The appeal is from that judgment, and four errors are enumerated.

1. The first complains of the trial judge’s failure to grant a mistrial. In his opening statement to the jury the prosecuting attorney said: ". . . You are only concerned at this stage of the trial with the issues of guilt or innocence. That if you find the defendant guilty beyond a reasonable…