Smith v. State

Banke, Presiding Judge.

Theron Smith was convicted of two counts of burglary and one count of possession of tools for the commission of crime. He appeals the denial of his motion for new trial. Held:

1. When the State’s attorney asked a witness whether appellant looked similar to a man whom he had seen at the site of one of the burglaries, appellant objected on the ground that the testimony called for a conclusion. The State’s attorney responded: “Any identification is always an opinion. It’s my opinion that’s the man.” Appellant contends that this remark constituted an improper expression of…