State v. Carite

SUMMERS, Justice.

Jules Carite was charged in a bill of information with possession of two marijuana cigarettes. (LSA-R.S. 40:962). He pleaded not guilty, was tried, convicted, and sentenced to six years at hard labor. This appeal followed.

During the closing argument to the jury the assistant district attorney, as attorney for the State, said:

“Because the defendant has not been convicted before does not mean it’s the first time he was arrested or possessed narcotics.”

Defense counsel objected and asked for a mistrial. The trial judge overruled the motion and instructed the jury as follows:

“The…