Smith v. State

Hall, Justice.

Appellants were jointly tried and each was convicted of one count of rape and two counts of aggravated sodomy.

1. As the assistant district attorney rose to cross examine appellant Bickers, he alluded to alleged differences in Bickers’ testimony from that given by him at an earlier trial, and commended him on his "story-telling.” The court rebuked counsel in the jury’s presence, and instructed them to disregard the remarks. Further questioning showed without objection that there were numerous particulars in which Bickers’ testimony was different from that at the first trial. We…