Harris v. State

Citations

• 96 Miss. 379
• 50 So. 626

Syllabus

<p>1. Criminal Law and Procedure. Assault and battery with, intent to-murder. Improper argument. Defendant’s failure to testify.</p> <p>In a prosecution for shooting with, intent to kill and murder, a. statement in argument to the jury by the district attorney that the defendant had killed a white man in the house where he did' the shooting which he did not deny, was a direct comment upon, the accused’s failure to testify, and reversible error</p> <p>2. Same. Same. Race prejudice.</p> <p>An inflammatory appeal to race prejudice by the state’s attorney-in his closing argument to the jury, prosecuting a negro for an-assault and battery with intent to kill a white man, requires the reversal of a conviction, where the defendant’s objections to- • the argument were overruled by the trial court and exceptions, duly reserved.</p>