Smith v. State

The defendants were charged by information with breaking and entering a dwelling with intent to commit grand larceny. They were tried by jury, found guilty of breaking and entering a dwelling with intent to commit petit larceny and were so adjudged; whereupon, Smith was sentenced to a term of five years in the state penitentiary, and Tigner was placer on probation for a period of five years.

On appeal, both defendants contend that the court erred in denying their motions for mistrial and for a new trial because the prosecutor’s actions and remarks in the presence of the jury were so…