Hall v. State

Evans, Judge.

The defendant was convicted of burglary and sentenced to 10 years. Defendant appeals. Held:

1. The first enumeration of error complains of the assistant district attorney, in addressing the jury in his opening statement, testifying and giving hearsay evidence against the defendant. The statement made by the assistant district attorney was as follows: "Mr. England: Now I anticipate that Officer Lines didn’t see the men coming out. That Townsend saw them come out and I’m sorry he can’t be here, but Lines at least will testify ...” (T-7) This was clearly testimony by the prosecuting…