Smith v. State

(After stating the foregoing facts.) Special ground 5 of the amended motion for a new trial contends that the trial court erred in making a prejudicial and improper remark in the presence of the jury during the progress of the trial. The remark grew out of a colloquy between counsel for the defendant and the court over the admissibility of certain evidence. Counsel for the defendant had just stated that the defense expected to show that Eddie Wilson (the deceased) came to the house where his wife, Dorothy, lived; that the proposed witness, who also lived there, opened the door for him and…