63 So. 26 | Ala. Ct. App. | 1913
— The defendant was convicted of unlawfully and knowingly permitting stock to run at large in a stock law district. He contends that the evidence was insufficient to justify a conviction. The defendant lived in a beat adjacent to the stock law district, and
Charge No. 2, refused to the defendant, might well have been refused for its argumentative and misleading tendency, even if otherwise unobjectionable.
The excerpt from the argument of the solicitor set out in the bill of exceptions, to which objection was offered, and to exclude which a motion was made, cannot be taken to mean more, when construed in connection with the evidence, than that it was the duty of the jury to convict the defendant, if the evidence was sufficient, for the purpose of deterring others from committing similar offenses. This is one of the objects sought to be attained by the enforcement of the criminal laws and punishment of offenders against it. At most it could be deemed no more than an argument, intended to illustrate the evil cousequences that might result from a failure of the jury to do their duty in the premises if the evidence was sufficient to authorize a conviction. It does not appear from the isolated excerpt set out that the solicitor was asserting any fact, and it is not error to refuse to exclude the argument of counsel, although not strictly pertinent, when no fact is asserted, but simply an inference is drawn and argument made thereon. — L. & N. R. R. Co. v. Perkins, 165 Ala. 471, 51 South. 870, 21 Ann. Cas. 1073.
Affirmed.
dissents as to what is said as to the argument of the solicitor, being of opiniou that it should work a reversal.