Duncan v. State

On the trial of one charged with attempted larceny from the house it was improper for the solicitor in his argument to the jury to state as follows: “This is not the first time the defendant has been charged with stealing; he was charged and convicted once before for stealing from Mulligan’s store, and he was involved with the same negro as in this case, Harper Miller,” when there was no evidence on which to base such a statement and the defendant’s counsel immediately objected thereto and moved for a mistrial, the court merely stating in reply to the objection: “Gentlemen of the jury, you…