Smith v. State

Sognier, Judge.

Armed robbery. Appellant contends the trial court erred (1) by denying his motion for a mistrial after the prosecuting attorney intentionally placed appellant’s character in issue, and (2) by expressing its opinion to the jury that appellant’s character had not been placed in issue by the prosecuting attorney’s questions.

Appellant, Warren Smith, was tried jointly with a co-defendant, Randolph Howard. Howard, testifying on direct examination in his own behalf, denied making a statement to the police which placed both Howard and appellant at the scene of the robbery. The state…