Bonds v. State

Defendant (Appellant) was convicted in a trial by jury of the crime of Safe Burglary (Acts of 1905, ch. 169, § 374a, Acts of 1955, ch. 156, § 1, 1956 Repl. Burns Ind. Stat. Ann. § 10-702a), he was sentenced to imprisonment for not less than five nor more than ten years. This appeal presents one question reviewable by the court, i.e. did the trial court err in overruling his motion for a mistrial for misconduct of counsel ?

In the process of the trial, Police Officer Duckworth testi*242fied on direct examination that in the course of his duties he was patrolling an alley checking for “break-ins,”…