State v. Smith

FOURNET, Justice.

The defendant, Levi Smith, is appealing from his conviction of simple battery on a charge of aggravated battery and his sentence thereunder.

The first error alleged to have been committed during the course of the defendant’s trial and relied on by him for the reversal of his conviction and sentence occurred when the prosecuting attorney in his opening statement to the jury declared: “Furthermore, that approximately two weeks after the accident that I have outlined to you that the accused returned to the property under discussion, bringing with him a gun, stating that he had…