State v. Hooker

SWOFFORD, Judge.

Appellant (hereafter defendant) was tried before a jury for the crime of rape. The jury returned a verdict of guilty but was unable to agree upon the punishment and the defendant was sentenced by the court to a term of twenty-five (25) years imprisonment. From this judgment and sentence, he appeals.

Defendant does not challenge the sufficiency of the evidence but raises two assignments of error upon which he seeks this court’s mandate of reversal. First, he asserts error by the trial court in failing to sustain his objection to a comment by the assistant prosecuting attorney in…