Fritz v. State

Appellant was charged by affidavit, tried and convicted before a jury in the Howard Circuit Court of unlawfully selling intoxicating liquor. Acts 1921 p. 736, §8356d Burns’ Supp. 1921. From a judgment assessing a fine and imprisonment, he prosecuted an appeal to this court assigning as error the overruling of his motion for a new, trial. He relies on two causes only to support his motion: (1) Misconduct of the prosecuting attorney in his closing argument to the jury, wherein he asserts that the prosecuting attorney was permitted, over his objection, to read to the jury and comment upon the…