Kent v. State

UPCHURCH, Judge.

Willie J. Kent appeals from convictions for petit theft and escape. He contends the trial court erred both in excluding his testimony on his defense of necessity and in denying his motion for a mistrial after an allegedly improper prosecutorial comment. We agree with Kent that the testimony was improperly excluded, but affirm the denial of the motion for mistrial.

Kent was arrested for shoplifting two pairs of earrings. A store security guard observed Kent pick up the earrings and leave the store without paying for them. The guard notified the police who arrested Kent. While…