State v. Atkinson

PARKER, Judge.

During selection of the jury, the assistant district attorney who was prosecuting for the State made a statement that other codefendants named in the bill of indictment had entered pleas of guilty. Defendant’s counsel promptly objected and moved for a mistrial. The court denied the motion but instructed the jury panel that defendant had pled not guilty, that he was presumed to be innocent, and that “ [a] ny remarks by the Solicitor will not be considered against him in any way whatsoever.” Later, while the prosecuting attorney was examining a State’s witness, the witness…