Patterson v. State

In the opening statement of the solicitor, prosecuting for the state, in addition to stating the case to the jury, he included this remark:

“We also expect the evidence to prove that the defendant was serving a term in the penitentiary, and was out on parole at the time he was' caught with this automobile in his possession.”

The defendant objected to this part of the statement, which objection was properly sustained, but no effort was made either by the solicitor or the court to eradicate the damage already done to the defendant’s cause. “Thereafter” the defendant moved for a mistrial because…