State v. Seckman

Riley, Judge:

Lester J. Seckman was convicted in the Criminal Court of Harrison County of the offense of rape by force and violence and sentenced to serve a term of five to twenty years in the penitentiary. Defendant prosecutes error to the judgment of the circuit court refusing a writ of error.

Reversal of the trial court’s judgment is sought on the basis of the court’s refusal to grant a mistrial on two grounds: (1) That though the defendant did not place his character in issue during the trial, a direct assault was made thereon by the action of the prosecuting attorney in calling as a…