Johnson v. State

McMurray, Presiding Judge.

Defendant was convicted of rape and sentenced to serve 20 years in the penitentiary. Following the denial of his motion for new trial, he appeals. Held:

1. During closing argument, defense counsel stated that rape is a capital offense. The trial court interrupted and informed the jury that that was not the case: “[T]hat is a misstatement of the law, and I wouldn’t want the jury mislead. This case does not involve a capital offense.” Thereupon, following a bench conference, defendant moved for a mistrial. The motion was overruled.

Decided April 11, 1988 Rehearing denied…