Martin v. State

Citations

• 63 Miss. 505

Syllabus

<p>Criminal Law. Argument of counsel. Statement as to character of accused. Effect on verdict.</p> <p>M. was-indicted for an attempt to commit murder, and was convicted of the charge. The evidence against him was entirely circumstantial. No testimony was offered as to his character. In the argument, counsel for the prosecution was permitted, without interference by the court to say “ that the defendant is a man of bad, dangerous, and desperate character, but I am not afraid to denounce the butcher boy, although I may, on returning to my house, find it in ashes over the heads of my defenseless wife and children.” Held, that this being the unsworn statement of a fact by counsel, which, had it been offered in evidence, would have been incompetent, and being of a character well calculated to influence the jury against the accused, it presents a good ground for the reversal of the judgment and the granting of a new trial.</p>