Fowler v. State

OPINION

JACKSON, Commissioner.

The convictions were for burglary and assault with intent to murder, growing out of the same transaction; the punishment, 12 and 18 years, respectively. Both cases were tried together.

In his brief appellant presents to us four grounds of error, but since we have concluded that the case must be reversed and remanded on ground of error number four, we pretermit discussion of the others.

In his closing argument to the jury, the assistant district attorney said:

“I am certainly not going to prosecute a man that I don’t feel in my own heart is guilty.

“DEFENSE ATTORNEY:…