174 So. 557 | Miss. | 1937
The appellant was convicted of the unlawful sale of intoxicating liquor. So far as the facts are concerned, the case is simply one of conflicting evidence which it was the province of the jury to decide.
It was shown that about two years ago the defendant was convicted on a plea of guilty of the unlawful possession of intoxicating liquor. In the opening argument *64 the county attorney used the following language: "Why did this defendant stop there and why did these boys Lee and Boyd, stop there? Because they knew the defendant and he was a known bootlegger." To this language the defendant's attorney objected and the court sustained the objection, and the court said: "There is no evidence in the record to sustain that argument." The court did not, however, other than by the language last quoted, direct the jury to disregard the argument, nor did defendant's attorney request such express and direct instruction to the jury, but moved for a mistrial, which was overruled.
The rules of practice in respect to improper argument are discussed at some length in Brush v. Laurendine,
Affirmed.