Coxwell v. State

Banke, Presiding Judge.

The appellant was convicted of child molestation. He brings this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that the trial court erred in refusing to declare a mistrial in response to the following remarks made by the state’s attorney during his opening statement: “If for any reason either attorney requests that the child be ordered to testify, the court can put the child on the stand and require her to testify. Hopefully, that won’t happen in this case. I do not intend to put her on the stand. I don’t think she will be put on the…