Burgess v. State

Quillian, Presiding Judge.

The defendant and three others were indicted for the offense of armed robbery. The defendant was tried separately. During opening argument, which was not recorded, the district attorney is quoted by the court as making a statement to the jury "to the effect that the defendant was a co-indictee with some other people, at least two of whom have pled guilty to the charge this morning . . .” The defendant moved for a mistrial, which was overruled. The district attorney stated: "Your Honor, I planned to call those codefendants as witnesses and ask them if they entered a…