Felton v. State

1. On cross-examination a police officer who was a witness for the State testified as follows: “Q. You knew he was arrested the 15th day of May, 1955, by the city police department. You are acquainted with them, aren’t you? A. Yes, sir. Q. You knew he was in custody at that time? A. At the time of his apprehension, the same day, about 10:30 that night, he was shot trying to break into another house.”

A motion for a mistrial was made on the ground that this testimony volunteered by the witness was inadmissible and highly prejudicial to the defendant. The court ruled, “Overrule your motion.…