State v. Braswfll

In the argument of the case by the state’s counsel, he spoke of the defendant as a “ fiend,” which language was objected to by defendant’s counsel, and His Honor then said to the counsel that it was not proper to use abusive epithets about the defendant, though some latitude was often allowed counsel in characterizing the conduct of a defendant as testified to by witnesses, and directed the *694counsel to desist from the use of such language, and told the jury they must not be influenced by it.

The jury returned a verdict of guilty. The defendant then moved for a new trial. His motion was…