Everett v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant’s main contention herein is based upon a statement of the state’s attorney in an argument to the jury wherein he was commenting on the testimony of one of appellant’s brothers, Ernesto Everett, Jr., and used the following language:

*185“Take the witness, Ernesto Everett, Jr., he is at the present time indicted for assault to murder on an officer.” The portion hereof objected to is underscored by us. The remaining portion of such argument is supported by the evidence of Ernesto himself from whose testimony we quote:

“I am not under indictment for…