Felder v. State

Bell, Justice.

In ground 4 of the motion for a new trial the movant complained of the refusal of the judge to declare a mistrial because of a ruling restricting the argument of the defendant’s counsel and of remarks made by the judge in the presence of the jury, including the statement to the defendant’s attorney, “You are arguing something to the jury that is not in the case.” We are of the opinion that this ground of the motion for a new trial was-meritorious, and that a new trial should have been granted thereon. It appeared from the evidence that on the night of the homicide1 the defendant…