Smith v. State

CATES, Presiding Judge.

Possession of heroin: fine of $25,000 and a sentence of eleven years in the penitentiary.

The tumultuous atmosphere throughout this trial often resulted in heated bickering. The prosecution, in its closing argument, stated that there was no telling “how many 15, 16 and 17-year-old girls and boys he (the appellant) ever sold to * * The objection and motion for mistrial by defense counsel concerning this statement were overruled. We are of the opinion that this was error, but are also convinced that it was harmless.

The record reveals that evidence was offered before the…