Mayo v. State

McMurray, Judge.

Defendant was indicted for the offense of aggravated assault with a deadly weapon, a knife. He was sentenced to serve five years, one year in prison and the remaining four years on probation. Motion for new trial was filed and denied. Defendant appeals. Held:

1. During the concluding argument counsel for defendant sought to apprise the jury of the sentence that could be imposed upon a conviction. Thereupon the court refused to allow counsel to argue punishment, holding that it was improper to do so. Defendant moved for a mistrial, which was denied. Defendant argues that he was…