Phillips v. State

Banke, Judge.

Kelley Phillips appeals his conviction of fraud in obtaining public assistance. Held:

1. Phillips enumerates as error the trial court’s failure to declare a mistrial or rebuke the state’s attorney when the latter asked him during cross-examination if he had ever been indicted for bigamy. This question was evidently asked to impeach Phillips’ testimony on direct examination that he had no prior felony record. The trial court sustained an objection to the question, instructed the jury to disregard it, and admonished the state’s attorney to use a proper method of impeachment if he…