Allen v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder without malice. Punishment was assessed by the jury at five years.

At the outset appellant contends that the court erred in refusing to grant appellant’s motion for mistrial during the punishment stage of the trial when an experienced police officer gave an unresponsive answer on cross-examination which indicated to the jury that appellant was involved in the commission of other extraneous offenses.

The record reflects Sergeant Chartier of the Dallas Police Department testified on direct examination that he knew the…