Lovelace v. State

I would hold that the prosecutor’s statement “you see the flesh hanging off their hands”1 is not error, or in the alternative, is at least harmless beyond a reasonable doubt. I therefore respectfully dissent.

The argument was made during the guilt/innocence phase of the trial. The record reveals that the only contested issue concerning guilt was whether or not the appellant was intoxicated at the time of the accident. The “hanging flesh” statement would not be germane to the issue of appellant’s intoxication. Further, appellant’s punishment was assessed by the court, and the court is presumed…