Mays v. State
Mays v. State
Dissenting Opinion
dissenting. I dissent from the ruling of the majority of the court as to the propriety and the effect of the remarks of counsel.
Opinion of the Court
1. The evidence authorized the verdict.
2. The only special ground of the motion for a new trial which is relied on in the brief of counsel for the plaintiff in error.relates to an alleged improper reference to the accused by counsel for the State in his argument to the jury. The expression objected - to did not include any statement of fact or relate to extrinsic matters not introduced in evidence, but, in the opinion of the majority of the court, was within the purview of legitimate argument, under the particular facts of this case, and amounted to no more than a metaphorical allusion, deducible from the evidence.
3. The trial court did not err in overruling the motion for a new trial.
Judgment affirmed.
Reference
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