Bothwell v. State

OPINION

DALLY, Commissioner.

The conviction is for murder; the punishment, life imprisonment.

Appellant’s two grounds of error relate to jury argument by the prosecutor during the penalty phase of the trial. He complains first that the prosecutor committed reversible error in his argument by directly referring to a picture of the deceased so as to prejudice the defendant and to inflame the minds of the jury.

During the prosecutor’s argument the following exchange took place:

“[PROSECUTOR]: You heard all the evidence and I don’t need to go over it too much again, but he bought that pistol, he got…