Crews v. State

Shulman, Judge.

Appellant was tried by a jury and found guilty of (1) motor vehicle theft of one 1971 Dodge automobile (2) criminal attempt to steal one 1974 Mercury automobile (3) burglary of the same 1974 Mercury automobile. This appeal follows the denial of a motion for a new trial.

1. Appellant asserts error in the denial of a motion for a mistrial made after a witness testified that although he did not identify or recognize the appellant, the person with him did. The trial judge instructed the jury to disregard the statement.

The trial judge’s instruction was sufficient to remove any…