Mathis v. State

Banke, Presiding Judge.

Greg Mathis appeals the denial of his motion for new trial following his conviction of the burglary of a clothing store. Held:

1. In response to an objection by the state’s attorney during appellant’s opening statement, the trial court refused to permit a comment that a former boyfriend of a state’s witness was presently in prison, stating that “what somebody’s husband is doing, who may not be a witness in this case, is far beyond what will be admissible in evidence . . . You’ve told this jury that a witness that the State might call has a husband who’s in prison. That…