Smith v. State

HOBSON, Judge.

Appellant appeals a judgment and sentence of life imprisonment entered upon a finding of guilty of the offense of robbery. His defense at trial was that he was legally insane at the time he performed the act charged.

Appellant urges that the trial court erred in denying his motion for mistrial or, in the alternative, in refusing to instruct the jury to disregard certain improper remarks made by the prosecutor in closing argument.

During defense counsel’s final argument to the jury he said:

“But that isn’t what we are asking you to say because not guilty by reason of insanity is not…