Johnson v. State

Defendant was charged with burglary. In his opening statement to the jury, the district attorney attacked the defendant’s character, by telling the jury that defendant had been "fired” from the place which was burglarized.

Defendant’s counsel promptly moved for mistrial, and during the absence of the jury, the trial judge suggested to the district attorney that he use a different word than "fired.” The district attorney, during the absence of the jury, stated he would use "termination of employment.”

But the trial judge did not at any time thereafter, in the presence of the jury, reprove the…