Swartz v. State

Morris Swartz was convicted of murder in the first degree while attempting to rob Roy L. Tinkham, the victim. The jury fixed the death penalty. Judgment was entered sentencing the defendant to death. Defendant brings the case here on error proceedings.

Plaintiff in error sets out many assignments of error. Some are argued but others are not. Such as appear to *592be relied, on or seem of sufficient importance to be discussed will be treated of as we proceed.

Misconduct of one of the prosecutors is urged in this, that in his address to the jury he said: “I declare Morris Swartz guilty of murder in…