Legal Opinion

Cooper v. State

Alabama Court of Appeals

Decided June 2, 1959No. 1 Div. 798Published

1Opinion of the Court

CATES, Judge.

Cooper has appealed his conviction of grand larceny of a truck; the judgment includes a sentence of two and one-half years in the penitentiary.

The defendant did not testify.

During argument at the close of the evidence, the court reporter’s transcript shows:

“During the arguments of counsel to the jury the following objections and rulings of the court were made:
“Mr. Turner: I object and move for a mistrial because Mr. Gilmore in arguing the case said, ‘If I had been him I would have got up here and said “I quit right now”.’
*309“Judge Pelham: I overrule the objection and deny the motion.

2Cases cited2 opinions

  1. Curlette v. StateAlabama Court of Appeals · 1932
  2. Welch v. StateAlabama Court of Appeals · 1954

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