State v. Hinson

Oxner, Justice.

Appellants, both White, were found guilty of rape with recommendation to mercy and each sentenced to imprisonment for a term of forty years. The questions presented by their appeal are (1) whether the trial Judge erred in refusing their motions for a mistrial on the ground of improper-argument by counsel assisting the State, and (2) whether certain remarks made by him in passing on these motions, constituted prejudicial error.

Since no question is raised as to the sufficiency of the evidence to support the verdict, the record does not contain the testimony offered by the…