Abbott v. State

Banke, Judge.

The defendant was convicted of five counts of burglary. He contends on appeal that the trial court erred in failing to grant his motion for mistrial and that the jury’s verdict was unsupported by the evidence adduced at trial. Held:

1. Defendant’s counsel, on cross examination, asked the investigating officer, “Did Mr. Abbott ever tell you that he had a part in all of these?” (referring to the burglaries). The witness replied, “Mr. Abbott didn’t cooperate in any way. He wouldn’t tell you the time of day.” This response prompted the motion for mistrial. The trial court immediately…