Carter v. State

Quillian, Presiding Judge.

The defendant appeals his conviction and sentence for burglary. Held:

There is but one question presented: Did the trial judge err in failing to grant the defendant’s motion for mistrial? The issue arises out of the following facts.

During cross examination of the complaining witness, defendant’s counsel asked the following question: "Do you know whether or not they [neighbors of the witness] were home that day, April 10th [date of the burglary]?” To which the witness replied: "No sir, they weren’t — cause they was broke in, too.” Counsel then asked: "They were broken…