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
- Curlette v. StateAlabama Court of Appeals · 1932
- Welch v. StateAlabama Court of Appeals · 1954