Kemp v. State

The appellant was convicted of several felonies following a jury trial. He has prosecuted this appeal and urges error in the failure of the trial court to hear argument on his motion to suppress prior to the commencement of the trial, and alleges error in the trial court’s denial of a motion for mistrial predicated upon certain prejudicial statements made during the closing argument by the prosecuting attorney. We affirm.

Undoubtedly, the better practice in a jury case would be for the trial court to determine a motion to suppress prior to the commencement of the trial. However, we find no…