State v. Jones

BRANCH, Justice.

We first consider defendant’s contention that he is entitled to a new trial because of the argument of the district attorney.

Defense counsel noted an exception to that portion of the district attorney’s argument made at the guilt determination phase of the trial in which the district attorney stated, “Now you know, if you do err in this case he [defendant] has the right of appeal. The State doesn’t have that. State has no right of appeal from a case like this.”

Ordinarily it is the duty of defense counsel to immediately object to an improper argument by the district attorney so…