State v. Roberts

WASSERSTROM, Judge.

Defendant was charged with assault with the intent to rape. A jury found him guilty of that charge and fixed his punishment at three years imprisonment.

On appeal, defendant claims that the trial court erred in refusing to grant a mistrial after a police officer was permitted to testify that the victim, when asked to identify those who assaulted her, had selected three photographs from a group of pictures; and that the court erred in refusing to grant a mistrial when the prosecutor made improper statements in two separate respects during closing argument.

I

The testimony of…