Bourg v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of unlawful sale of a narcotic drug, to-wit: marihuana. The punishment was assessed by the jury at ten years.

The sufficiency of the evidence is not challenged. Appellant brings two grounds of error; the first contention is that the prosecutor injected new and harmful fact, not in evidence, into the case during his closing argument when he told the jury: “He (the appellant) is just as big a pusher as we have ever had in Jefferson County, Texas, and he needs to go to the penitentiary.”

The record reflects the following:

“MR.…