Smith v. State

Banke, Presiding Judge.

The appellant was convicted of voluntary manslaughter and armed robbery. He brings this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that the trial court erred in refusing to declare a mistrial after the investigating officer, upon being asked to explain why there had been a month’s delay before an eyewitness to the shooting was shown a photographic display from which she identified the appellant, responded that the witness had been in hiding “in fear of her life.” At the request of the state’s attorney, this testimony was stricken,…