Smith v. State

Deen, Presiding Judge.

Richard Smith was convicted of attempted rape and appeals following the denial of his motion for a new trial.

1. Appellant contends that the trial court erred in overruling his motion for a mistrial because his character was placed into evidence by the state over his objection.

On direct examination by the state, a deputy sheriff was asked if he was certain that the defendant was the same person he arrested. The witness replied, “Well, I went and arrested him after this, too. Of course, he still had his hair and his beard.” After defendant’s objection and motion for a…