Mosley v. State

Quillian, Presiding Judge.

The defendant appeals his conviction for the offense of armed robbery. Held:

1. It is alleged that the trial court erred in "allowing the district attorney to comment on the appellant’s failure to make a statement subsequent to his arrest . . .” In opening argument the assistant district attorney was stating what she intended to prove and stated that the defendant was "taken to the police station and made no statement ...” The defendant did not object. The court excused the jury and advised her that there were "grounds for a mistrial on the record based on the opening…