Mackin v. State

During the closing arguments of the state before the jury, the following transaction occurred:

“Now, a while ago, when Mr. Mays said that he expected Andy Bryan to get up here and say ‘Convict,’ because that was his job as a Prosecutor — ■—that’s exactly his job as a Prosecutor, because he is prosecuting the guilty. We do not prosecute the innocent.

“Mr. Mays: Of course, Your Honor —Wait just a minute.

“Mr. Crouch: We don’t now and we never—

“Mr. Mays: Pardon me just a minute. We except to that argument, Your Honor. That’s very objectionable, and at this time we ask the Court to instruct the jury…