Harris v. State

OPINION

DALLY, Commissioner.

The conviction is for the sale of marihuana and the punishment is five years imprisonment.

The sufficiency of the evidence is not challenged, it shows appellant made a sale of marihuana to an undercover agent.

Appellant complains that a portion of the prosecutor’s closing argument constituted reversible error because it was a misstatement of the law and was “a direct assertion that defendant’s guilt had already been passed upon.”

The portion of the argument of which complaint is made, the objection and the ruling of the trial court are as follows:

“Now, again, he said…