Heard v. State

Hawkins, Justice.

1. Code § 81-1009 provides: “Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same; and, on objection made, he shall also rebuke the counsel, and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds; or, in his discretion, he may-order a mistrial if the plaintiff’s attorney is the offender.”

Argued September 16, 1953 Decided October 14, 1953. W. Harvey Armistead, for plaintiff in error. Boy Leathers,…