State v. Rose

*310Donworth, J.

Appellant was tried and convicted of the criminal offense of sodomy. The only question presented by this appeal is whether prejudicial error was committed by the trial court in denying appellant’s motion for a mistrial when the deputy prosecuting attorney, in his closing argument to the jury, referred to appellant as a “drunken homosexual.”1

Whether the use of this characterization of appellant by the deputy prosecutor in his closing argument constituted prejudicial error depends upon the context in which it was used and the effect which it was likely to have upon the jury. This…