Sharp v. State

At trial, the following occurred:

Q. Mr. Bergin, after you and your brother went back to that location to look at the truck, what did you do?

A. I made a decision that I didn’t want no part of the truck, period.

Q. Why not?

A. Because I knowed — I personally knowed the truck was stolen. I mean, I buy eight or ten trucks a week.

Defense counsel objected and moved for a mistrial. The objection was sustained, but the motion was denied. Out of the jury’s hearing, the witness was instructed not to give his opinion. The jury returned and were instructed as to the fact that the witness was not qualified…