Tyler v. State

Special grounds 4 and 8 complain of certain statements and instructions of the court as being improper and prejudicial to the defendant’s case. During the trial, counsel for the defendant moved for a mistrial because an answer of a witness to the solicitor’s question, to the effect that he had previously made an identification in the courtroom, indicated that the defendant had been previously tried. The solicitor withdrew his question after some discussion of the point between the court and the attorneys, and the court then said: “And that is where the witness said that he saw him in the…