Cain v. State

(After stating the foregoing facts.) Three arguments were announced to be made by the State. The order of arguments was as follows: One for the State, one for the defendant, one for the State, one for the defendant, one for the State. The State had the opening and conclusion, the defendant having introduced evidence. The motion for a new trial complains that the court erred in permitting counsel for the State “to make an argument to the jury between the two arguments of counsel for the defendant.” “Where a number of counsel are engaged, the order in which they may argue is in the discretion…