Myhand v. State

LAWSON, Justice (dissenting).

I am in accord with the conclusions reached in the majority opinion in every respect except that I am of the opinion that the judgment should be reversed because of the improper argument of State’s counsel.

The first statement made by the county solicitor with which we are concerned here ■was palpably improper. It was in part at least a statement of fact not in evidence, and as to which no evidence could have been introduced. It was a direct appeal to passion and not to reason. Its only tenden*423cy was to inflame the minds of the jury. Bridges v. State, 225 Ala. 81,…