Legal Opinion · Dissent

Lookabaugh v. State

Court of Criminal Appeals of Texas

Decided November 22, 1961No. 33755Published

1DissentWoodley, Presiding Judge

*615The sole ground for reversal presented is predicated upon the court’s refusal to declare a mistrial during the closing argument of counsel for the state because said counsel argued:

“The other statement that I don’t think he need to say, ‘That you’re going to ruin this guy’s life by putting him over here in the jail.’ It’s a reasonable deduction since he went into this that this isn’t the first time this man has been in jail.”

The trial judge sustained appellant’s objection and instructed the jury to disregard such remarks, but overruled appellant’s motion for mistrial.

Appellant’s counsel, who…

2Cases cited2 opinions

  1. Kinnebrew v. StateCourt of Criminal Appeals of Texas · 1959
  2. Wells v. StateCourt of Criminal Appeals of Texas · 1959

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