Holcomb v. State

Deen, Judge.

A witness for the state volunteered the following testimony: "Harold Holcomb was standing there at the bar and he said, 'Someone as sorry as Rudy ought to be killed.’ He said, 'What is the matter with Rudy?’ I said, T don’t know what you are talking about.’ Somehow he thought Rudy told his Probation Officer....” At this point a motion for mistrial was made which the court, after cautioning the jury at some length, overruled. The remark was not elicited by the prosecution but volunteered by the witness, and the court was scrupulously fair in attempting to disabuse the jury’s minds…