Frazier v. State

The appellant was indicted, tried and convicted, in the Huntington Circuit Court, upon a charge of burglary and larceny.

He appeals to this court, and assigns as error that the circuit court erred in overruling his motion for a new trial.

We will consider the alleged errors of the court in the order in which they are treated by the appellant in his brief.

It appears, from the record before us, that the appellant, on the trial of the cause, did not testify in his own behalf. During the argument of the cause before the jury, the prosecutor used the following language: “Not a particle of evidence…