Spriggs v. State

WOODLEY, Judge.

The appeal is from a life sentence for murder.

In view of the disposition hereof a statement of the evidence is not deemed necessary.

Bill of Exception No. 1 relates to argument of the prosecutor. It is apparent that during the course of his investigation of the case the prosecutor had secured a statement from one of his witnesses. Such statement had not been introduced in evidence. In his argument, he “was holding the paper about which he was talking in his hand and waiving it before the jury and was pointing to and referring to said paper” when he said:

“There has been testimony…