Jenks v. State

The first insistence of appellant is that the court erred in overruling his objection to a. remark of the solicitor to the court, during the taking of the testimony, “I have proven that the stuff was taken away from the Synod and kept 10 days.” No motion was made to exclude this'remark. Boyett v. State (Ala. App.) 92 South. 515; Lambert v. State (Ala. Sup.) 93 South. 708. Besides, the statement was not of an independent fact not in evidence, but was a statement of the conclusion of the solicitor, from the facts proven, and an argument addressed to the court.

Appellant next insists that the…