129 Ark. 313 | Ark. | 1917
Appellant was convicted on an indictment in proper form charging him with the crime of an assault with intent to commit rape and sentenced to three years in the State penitentiary, and brings this appeal.
There was testimony on behalf of the State, to which no objection was urged by the appellant, tending to show that the appellant had, on a former occasion, entered a plea of guilty to pandering, committed by carrying the sister of the prosecuting witness out of the State, and that on such plea of guilty he had served a term in the State penitentiary. The record shows the following: * ‘ The prosecuting attorney, in the closing argument, stated to the jury that the defendant had ruined the sister of the prosecuting witness. The defendant at the time objected or was attempting to make an objection to Ihe court when the prosecuting attorney turned to the attorney for the defendant and in a loud and angry tone cried, ‘Sit down,’ and continued his argument to the jury. The court was forced to call upon the prosecuting attorney two or three times before succeeding in stopping the argument then being made. The court then instructed the jury that they should not consider the argument. And to the argument and conduct of the prosecuting attorney the defendant at the time excepted.
“In closing the final argument to the jury the prosecuting attorney used the following language: ‘If I had a hen snake I would not turn it loose unprotected in the same quarter section with Green L. Johnson.’ No- objection was made to such argument and no admonition or instruction given the jury that such argument was improper and should not be considered by them. The statement was the closing sentence of the final argument to the jury.’’
“In the final analysis, the reversal rests upon an undue advantage having been secured by argument which has worked a prejudice to the losing party not warranted by the law and facts of the case.” Kansas City Southern Ry. Co. v. Murphy, 74 Ark. 256, 260.
There is no reversible error in the record, and the judgment must therefore be affirmed.