DEEN, Judge.
1. A witness for the state volunteered the following testimony: "Harold Holcomb was standing there at the bar and he said, `Someone as sorry as Rudy ought to be killed.' He said, `What is the matter with Rudy?' I said, `I don't know what you are talking about.' Somehow he thought Rudy told his Probation Officer...." At this point a motion for mistrial was made which the court, after cautioning the jury at some length, overruled. The remark was not elicited...
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