In Foster v. State, 400 S.W.2d 552 (Tex. Crim. App. 1966) the defendant was on trial for murder. During the cross examination of a deputy sheriff (one of the State's witnesses), defendant's counsel inquired whether the accused disclosed the victim's request to the defendant to "get a colored girl to take her down there for sexual relations, did he tell you that?" See Foster, 400 S.W.2d at 555. At this point, the widow of the victim, who was present in the gallery, stood and in a loud voice said, "That's a lie. That's a lie. He was trying to protect his skin when he said that God damn liar." See id. The court instructed the jury to disregard the remark. The following day the defendant moved for a mistrial based on the outburst. The trial court overruled the defendant's request. On appeal, the Court of Criminal Appeals held the failure to grant the defendant's request for a mistrial was not error. See id at 556.