Tindall v. State

ORFINGER, Judge.

Appellant, convicted by a jury of grand theft, contends that the trial court erred in overruling his objection to certain testimony and denying his motion for mistrial. We agree and reverse.

A police officer testified for the State that he interviewed appellant shortly after his arrest, and he was asked:

Q: Did you read him his rights?

A: Yes, sir.

Q: Did he talk to you at all?

A: Oh yes, yes.

Q: Did he make any statements to you?

A: No, sir. Nothing as far as admissions.

Appellant objected and moved for mistrial on the grounds that this was an impermissible comment on his right to…