Sloan v. State

Hutcheson, Justice.

J. H. Sloan was convicted of murder. A motion for new trial was overruled, and he excepted. The special grounds of the motion for new trial sufficiently appear in divisions 1 and 2 of this opinion.

In his argument to the jury the solicitor-general in referring to the defendant said, "In case you find him guilty of murder and recommend mercy, the penalty is he shall spend the remainder of 'his life in the penitentiary, unless he is pardoned.” Counsel for the 'defendant moved to declare a mistrial; whereupon the court said, “Gentlemen of the jury, I will state to you that the…