Sweet v. State

A proper recognizance having been brought forward, the appeal is reinstated, the judgment of dismissal set aside and the case considered on its merits.

The state relied upon circumstantial evidence. Appellant did not testify in his own behalf, and he placed no witnesses on the stand. In his argument to the jury, after summing up the circumstances relied upon by the state, one of counsel for the state used language as follows:

"Those are the facts before you, gentlemen of the jury, and they are not disputed. There is no denial of any kind."

Counsel for appellant promptly objected to the remarks.…