Hicks v. State

Atkinson, Justice.

(After stating the foregoing facts.)

The verdict was amply supported by the evidence, and there was no error in overruling the general grounds of tbe motion for new trial.

The accused insists that the court erred in not declaring a mistrial, by reason of a remark by the assistant solicitor-general in his concluding argument to the jury, as follows: “Anything less than the death penalty would be a mockery.” Counsel for accused promptly said: “We object to that, and ask for a mistrial in this case.” The court denied said motion for mistrial, making the statement, “I will strike…